Landlord's Right of Access and Inspection Clause
(Ground Lease) (Pro-Tenant)

Summary

This template for a landlord's right of access and inspection clause is for use in a ground lease to give the landlord the right to access and inspect the premises during the lease term. This template favors the tenant but includes negotiating tips for both parties. This template includes practical guidance and drafting notes. A landlord will typically want to reserve the right to enter the premises for a variety of reasons, including: • To ensure that the tenant is in proper compliance with maintenance and repair responsibilities • To ensure that the tenant is not in violation of the use clause (including any use restrictions, whether as a result of rules and regulations or other tenant exclusives) or alterations clauses • To periodically inspect the property for any necessary repairs to the structure, foundation, or building components • To show the space to potential new tenants, buyers, or lenders • To ensure no hazardous substances are being used This clause contains tenant-friendly language that puts limitations on the landlord's ability to enter the premises. Also, it does not contain landlord-friendly language that would otherwise cut off tenant claims (e.g., that the landlord's entry into the premises will not constitute a breach of any covenant of quiet enjoyment, or a forcible or unlawful entry into or a detainer of the premises, or an actual or constructive eviction of the tenant from the premises). The tenant's success in keeping this language out of the entry provision will generally come down to its strength and bargaining power. Conform defined terms used in this clause to those in your lease agreement. For further guidance on a landlord access clause that favors the landlord, see Landlord's Right of Access and Inspection Clause (Ground Lease) (Pro-Landlord). For more information on commercial leasing generally, see Office Leasing Resource Kit, Retail Leasing Resource Kit, and Industrial Lease Agreements. For ground lease templates, see Ground Lease (Short Form) (Shopping Center) and Ground Lease (Tenant Constructed Improvements). For more information on the ground lease process, see Ground Leasing Resource Kit.