Legal Definitions - extraordinary repair

An extraordinary repair, particularly in the context of a lease agreement, refers to a significant repair that becomes necessary due to an unexpected or unusual event. Unlike routine maintenance or minor fixes, these repairs address substantial damage or defects that impair the property's suitability for its intended purpose, without completely destroying the building. They are considered to be beyond the scope of typical, regular upkeep.

• Example 1: Commercial Building Roof Collapse

  Imagine a severe, unpredicted hailstorm strikes an industrial park, causing a large section of the roof of a leased manufacturing plant to collapse. This event damages machinery and exposes the interior to the elements, requiring extensive structural work to replace the roof section and secure the building.

  Explanation: This is an extraordinary repair because the damage was caused by an unforeseen and unusual natural event (the severe hailstorm), not normal wear and tear. The repair involves extensive structural work, which is clearly beyond the usual, customary, or regular kind of maintenance a tenant or landlord would typically perform. The building is not destroyed but is significantly less suited to its intended use (manufacturing) until the major repair is completed.

• Example 2: Hidden Foundation Defect in Residential Property

  Consider a long-term lease for an apartment building where, during a routine structural assessment, engineers discover significant, previously unknown deterioration in a main load-bearing foundation wall. This defect requires extensive and costly reinforcement or partial reconstruction of the foundation.

  Explanation: This constitutes an extraordinary repair because the need arose from an unforeseen and unusual structural issue (a hidden foundation defect) that was not apparent during normal operation. It's not a routine maintenance task but a major structural intervention, clearly beyond the usual, customary, or regular kind of repair. While the building isn't destroyed, its long-term stability and safety are compromised, making it less suited to its intended use until the repair is completed.

• Example 3: Catastrophic HVAC System Failure in Office Space

  In a leased office building, the entire central HVAC (heating, ventilation, and air conditioning) system, which is a complex, integrated unit, suffers a catastrophic and unrepairable failure due to an internal system malfunction. This necessitates a complete replacement of the core system, not just a component.

  Explanation: This is an extraordinary repair because the complete failure of a major, integrated system due to an internal malfunction is an unusual or unforeseen occurrence, not a typical maintenance issue like replacing filters or minor parts. The replacement of an entire central HVAC system is a significant capital expenditure and beyond the usual, customary, or regular kind of repair. Without it, the office space is rendered significantly less suited to its intended use (providing a comfortable working environment), even though the building itself remains intact.