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Commercial Tenant Rights

Commercial tenant rights differ considerably from residential tenant rights. Many of the rights given to protect a residential tenant do not exist for a commercial tenant. Unlike residential tenants, commercial tenant rights offer very little eviction protection and usually do not include the right to deduct or withhold rent or to move out mid lease. Commercial leases are more legally binding than residential leases, and essentially a commercial tenant has only the rights that are specifically outlined in the lease. Because of this, commercial leases are often much more detailed than residential leases, and are often heavily negotiated before lease terms are agreed upon. In some cases, a commercial tenant may have the right to surrender possession of a rental space if the building is destroyed or becomes otherwise unfit for occupancy, as long as it was not the fault of the tenant. Commercial tenant rights also state that a landlord must provide all essential services outlined in the lease, and intentional failure to do so may be regarded as a criminal violation.

Fast Facts

  • The Americans with Disabilities Act (ADA) requires a business to be accessible to disabled people if the business is open to the public.
  • In 2009, a commercial tenant running a New Jersey auto repair shop was awarded $120,000 in a lawsuit after his landlord destroyed functional items during the cleanup of a fire.

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