Address Whether 'Premises' Includes Area Above Dropped/Suspended Ceiling

If the tenant's space has a dropped or suspended ceiling, make sure that your lease's definition of “Premises” addresses the area above the drop or suspension, warns Denver attorney Mark A. Senn. Otherwise, you could get into a battle with the tenant over who should maintain that area.

If you want the tenant to maintain that area, which is sometimes called the “plenum,” the definition of “Premises” should mention it. Then the tenant can't argue that it's not responsible for maintaining that area (including remediation of any environmental hazards like asbestos there), because the “Premises” include only the space up to the dropped or suspended ceiling—not the area above it, Senn explains. Alternately, you may want the tenant to stay out of the area above the dropped or suspended ceiling—because, for example, it may contain vital wires or cables for your building or center. If so, exclude that area from the definition of “Premises,” advises Senn.

CLLI Sources

Mark A. Senn, Esq.: Shareholder, Senn Visciano Kirschenbaum PC, 1801 California St., Ste. 4300, Denver, CO 80202; (303) 298-1122; msenn@sennlaw.com.