What does Delaware law say about common area maintenance charges in leases?

Full question:

Does the Delaware code re commercial leases contain a definition of allowable "common area maintenance" items which may be proportionately charged back to a tenant by a landlord?

Answer:

Delaware law includes definitions related to common areas in different contexts, such as student housing and manufactured homes. For example, in the context of student housing, "common areas" refer to spaces within a building accessible to all residents, like corridors and lounge areas (73 Del. Laws, c. 391, § 1). In manufactured home communities, "common area" means shared land or facilities controlled by the landlord (25 Del. C. § 7003). However, the Delaware code does not specifically define "common area maintenance" items for commercial leases. It is advisable to review the specific lease agreement for details on what maintenance charges may be included and how they are calculated.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Common area maintenance (CAM) charges in commercial leases refer to the costs associated with maintaining shared spaces within a property, such as lobbies, hallways, and parking lots. These charges can cover expenses like cleaning, landscaping, and repairs. While Delaware law does not specifically define allowable CAM items for commercial leases, landlords typically outline these charges in the lease agreement. It's important for tenants to review their lease to understand what costs may be included and how they are calculated.