Part 20*: How are environmental issues addressed in commercial leases?

Environmental issues are addressed in commercial leases in a number of ways. First, most leases will prohibit the Tenant from bringing any hazardous material on the property. Tenants who generate hazardous waste such as medical office Tenants will typically be required to hire a licensed contractor and dispose of such waste in accordance with all applicable laws and regulations. The lease will typically indemnify the Landlord for any environmental claims caused by Tenant.

In some cases, a Landlord will agree to indemnify the Tenant with respect to any pre-existing environmental conditions. In other cases, the Landlord will allow the Tenant to conduct its due diligence, but the Landlord will not make any representations or extend any indemnification regarding environmental matters.

For certain types of properties with manufacturing uses or gas stations, for example, the extent of the due diligence and the allocation of risk may require a more detailed discussion.

*Thank you for taking the time to read this article. This article is part of our “Commercial Leasing for Non-Lawyers,” a Blog Series on Commercial Leasing. Other aspects of commercial leasing transactions in New York are discussed in other Parts of this series.

For questions about residential real estate law, or general information about our firm, please contact us at (914) 338-8050 or send an e-mail to We look forward to hearing from you.

Betensky Law PLLC
118 N. Bedford Road, Suite 302
Mount Kisco, New York 10549
(914) 338-8050

This is ATTORNEY ADVERTISING. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship. Prior results do not guarantee a similar outcome.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Us

Give us a call or fill in the form below and we will contact you. We endeavor to answer all inquiries within 24 hours on business days.