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Environmental Cleanup Responsibilities - Landlord V/s Tenant
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All commercial entities including manufacturing factories, medical facilities etc. are required to abide by environmental protection and cleanliness regulations within their area of operation, irrespective of whether the property is self-owned or rented. Responsibilities though, are much more in case of rented properties where landlords and commercial tenants can come into a conflict when critical yet unexpected cleanups are ordered by the EPA or other authorized agency and expenses have to be met for the same.
Environmental cleanup and landlord tenant relationship is usually based on these few core principles that define the role of each in this crucial responsibility...
Landlord Responsibility - Landlords are wholly and solely responsible for any kind of potentially hazardous contamination of the property before new tenants move in. For example, if the previous commercial tenants have engaged in misuse of the property leading to environmental contamination and have not reported about the same to the landlord; and the latter have also not done their bit in checking the property thoroughly before leasing it again; the landlord will be held entirely responsible for violating safety of the new tenants and will thus, have to compensate for the same.
If you take a close look at commercial lease contract template available in top online legal platforms, you will see that the section on environmental damage and cleanliness is mentioned very clearly in the document and that too in tune with state requirements.
Tenant Responsibility - Before moving into the rented commercial property, the tenants are required to mention and document every essential detail about their operations especially if it triggers possible contamination in air, water and surrounding land as well. Now, if the tenants carry out unsolicited or outright illegal activities that lead to serious environmental contamination leading to interventions from the EPA or associated authorities, the landlords cannot be held responsible for the damage nor can they be approached to pay for the cleanup.
In this case of environmental cleanup and landlord tenant relationship, the landlords can evict the tenants and make them compensate for the expenses incurred for the cleanup. For more information about getting a free rental agreement forms, please visit this website.
Carl writes often about legal drafting, rental lease agreement, marital separation agreement and help the people in such needs. Please visit this site to get a sample PA residential lease agreement and rental lease agreement in Massachusetts.
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