Standard Entry Clause May Not Give You Right to Inspect Space

Landlord shall have the right to enter tenant’s space at any time to examine the same, and to make repairs, replacements, and improvements [emphasis added].

The language above is used (or used to be used) in the basic entry clause of a number of standard leases—and may be contained in your own leases. And while it sounds clear enough, it may not establish your right to enter a tenant’s space to inspect for potential problems. The problem is that the language could be interpreted as not covering inspections unless they’re performed for the purpose of making repairs, replacements, and improvements at the time of inspection.  

Court Won’t Let Landlord Reenter for Inspection

The above concern comes from an actual case—albeit one relayed to us anecdotally by an attorney involved in the case. It happened in New York City, where a new landlord wanted to examine some building equipment located in the tenant’s space. The lease, based on what was at the time the standard Real Estate Board of New York (REBNY) form, included the “examine the same and to make repairs, replacements, and improvements” language contained above. The tenant interpreted the phrase narrowly as granting entry only if the landlord was planning to both inspect and repair the equipment. And because the landlord’s notice mentioned only inspection, the tenant refused to let the landlord’s inspector in.

The tenant might have been off base. But the fact is that the landlord couldn’t get in and the sides became embroiled in a lengthy and costly lawsuit that eventually settled, but that could have been easily avoided had the lease been clearer about the landlord’s entry rights.

Get Right to Inspect or Repair

 As often happens with leases, it was the smallest of words that caused such a big problem. The word in this case was “and.” Had the lease used the word “or” instead—as in the landlord may enter the tenant’s space “to examine the same or to make repairs, replacements, and improvements”—the tenant would’ve been hard pressed in barring entry.

Whether you’re using the REBNY lease or another template that uses the same language, make sure you change the “and” to “or.” If you’re drafting your own lease without a template, ask your attorney to adapt this entry clause language.

Model Lease Language

Landlord and its agents, employees, contractors, and other representatives may enter the Premises at any time in response to an emergency, and at any other reasonable times to: (a) inspect the Premises; or (b) make such repairs, replacements, and improvements as Landlord may deem necessary and desirable to the Premises or to any other portion of the Building or which Landlord may elect to perform.