What is the exception to the Creative World School tenant's responsibility to maintain the leased premises?
Creative_World_School Franchise · 2025 FDDAnswer from 2025 FDD Document
SECTION 5 MAINTENANCE AND REPAIR
- 5.1 Responsibilities of Landlord. Landlord shall maintain the foundation and roof of the building that constitutes a part of the leased premises and the structural soundness of the concrete floors and exterior walls of such building (excluding exterior doors, entrances, glass and windows) in good repair and condition. Landlord shall not be required to commence any repairs until after written notice (or oral notice in emergency situations) from Tenant that a repair is necessary. The notice shall set forth the repair needed and, if the repair is of a nature requiring Landlord's immediate attention, a statement to that effect. Landlord shall diligently make any required repairs. In the event Landlord fails to make or promptly commence and diligently pursue any maintenance or repairs required by this Section (including taking any necessary steps to mitigate any impact on Tenant's business), and such failure results or threatens to result in a material interference with or disruption to Tenant's business in the leased premises, Tenant may (in addition to all other rights and remedies it may have) cure such failure or take such steps as is reasonably necessary to protect its business and recover from Landlord upon demand all reasonable costs, expenses and disbursements incurred by Tenant in connection therewith, plus a fifteen percent (15%) administrative fee. If such sum is not paid within ten (10) days after demand therefor, Tenant may offset such amounts against Base Rent due under this Lease.
- 5.2 Responsibilities of Tenant. Except only for those portions of the leased premises which are the responsibility of Landlord pursuant to Section 5.1 above, Tenant shall at all times maintain the entire leased premises in good order, appearance, condition and repair.
Source: Item 23 — RECEIPTS (FDD pages 80–247)
What This Means (2025 FDD)
According to Creative World School's 2025 Franchise Disclosure Document, the tenant is generally responsible for maintaining the leased premises. However, Section 5.1 outlines specific exceptions where the landlord retains responsibility.
Specifically, the landlord is responsible for maintaining the foundation and roof of the building, as well as the structural soundness of the concrete floors and exterior walls (excluding exterior doors, entrances, glass, and windows). This means that if issues arise with these structural elements, the landlord is obligated to handle the necessary repairs and maintenance.
The tenant must provide written notice (or oral notice in emergencies) to the landlord when repairs are needed. If the landlord fails to promptly address these issues, and it materially interferes with the tenant's business, the tenant has the right to make the repairs themselves and recover the costs from the landlord, including a 15% administrative fee, or offset the costs against rent. This provision protects the Creative World School franchisee from significant disruptions to their business due to landlord negligence.