A lease provision allowing a tenant to cure a landlord's default (such as failure to maintain common areas) at the landlord's expense after providing written notice and a reasonable cure period.
Self-help clauses permit the non-defaulting party to perform the defaulting party's obligations and recover costs. In commercial leases, tenants negotiate self-help remedies to address situations where the landlord fails to maintain common areas, provide essential services, or complete required repairs. The clause typically requires written notice, a specified cure period (often 30 days), and limits on the scope of work the tenant can undertake. Costs are usually recoverable as a rent offset or direct reimbursement.
A landlord neglects parking lot repairs for over a year despite repeated complaints. The tenant hires a contractor and deducts the cost from rent. The landlord claims the tenant breached the lease by withholding rent, ignoring the self-help clause.
If your lease includes a self-help remedy, follow the notice requirements precisely. Send written notice by certified mail, wait the full cure period, get competitive bids for the work, and document everything. Deducting costs from rent without following the exact procedure can expose you to a default claim.
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Find My OverchargesThis page provides general educational information. It is not legal advice and may not reflect the most current law in your state. Consult a licensed attorney for advice specific to your situation.
