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

Summary

This landlord's right of access and inspection clause is for use in an industrial lease to give the landlord the right to access and inspect the premises during the lease term. This clause favors the tenant but includes negotiating tips for both parties. This clause 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 a landlord access clause that favors the landlord, see Landlord's Right of Access and Inspection Clause (Industrial Lease) (Pro-Landlord). For more information on industrial leasing, see Industrial Lease Agreements. For an industrial lease template, see Commercial and Industrial Lease. For more on industrial leasing, see Industrial Leasing Resource Kit.