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?
- Category: Landlord Tenant
- Date:
- State: Delaware
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.
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