September 2013
Less Normal Wear and TearThese five words can cost you plenty if you are not careful in your lease negotiations. These words are normally contained in the Lessee's Responsibility paragraph and may be further embellished in the Surrender provision. This simple phrase may create for both parties of a lease serious disputes. The reason for potential disputes is simple. There is no clear definition to the phrase "Less Normal Wear And Tear". How is it measured? It may be simple to measure normal wear and tear if it is a short term lease, but in commercial leasing the leases can be rather lengthy. Further, it is common for a commercial lease to provide options to renew the lease which makes it even further difficult to assess.
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