In California, is it mandatory for landlords of commercial buildings to be responsible for the maintenance and paying the electrical bills for exterior lighting? (Light on the outside of the building, and parking lot lighting).
Is it up to the local rules/regs/ordinance?
Answer
NO. All terms and conditions are negotiable at the time of entering a lease.
Answer
Let's be clear about what you mean by "responsible for." A local ordinance might make it mandatory that parking lots or even certain building exteriors be illuminated at night. Such an ordinance might make the building owner (landlord) responsible, or the occupant/tenant/party in possession responsible, or both of them.
HOWEVER, as Mr. Nelson points out, as between the landlord and the tenant, the lease can shift the obligation. Frequently, I'd say, the outdoor lighting (and other) maintenance responsibility is placed upon the tenant. This would be particularly true if there is only one electric meter.
As an example, let's say the ordinance makes the owner responsible to illuminate the building, but the lease makes the tenant responsible for the cost and maintenance. There is a failure, and the city fines the landlord. The tenant must fix the lights at its expense and probably must reimburse the landlord for the fine.
In the example, the landlord must perform its obligations under the ordinance, but the tenant must perform its obligations under the lease. Two separate sets of duties.
Answer
Mr. Whipple gives a very good answer. Unlike residential tenancies, terms of commercial leases and allocation of responsibilities are pretty much entirely up to the parties to agree on. Bear in mind, I can legally lease you raw land for you to build on and maintain, which certainly would not be a legal residence.
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