Cleaning: Negotiating and Preparing a Letter of Intent (“LOI”)
While we are on the subject of having a tenant’s become space spic and span one way or the other, as the song by the Allman Brothers Band goes, let’s have some “Good Clean Fun” as I channel the ever-loving child dinosaur character Barney and without thankfully singing his always entertaining “Clean Up Song,” I throw landlord and tenant advocates alike a few clean leasing tips your way.
Simply stated, the LOI provision should provide whether the tenant or landlord will clean the premises, which party will pay for such cleaning, and the frequency and manner at which the premises will be cleaned.
LOI Cleaning Provision for Tenant Advocates: “Landlord’s cleaning contractor, at Landlord’s sole cost and expense, shall clean the Premises five (5) nights per week in accordance with Landlord’s cleaning specifications annexed hereto as Exhibit “A”.”
LOI Cleaning Provision for Landlord Advocates: “Tenant shall, at its own cost and expense, using either its own employees or union cleaning vendors subject to Landlord’s reasonable approval, shall clean the premises no less than five (5) nights per week, and store within and independently contract for the removal from the Premises all trash in accordance with Landlord’s building rules and regulations. Furthermore, to the extent Tenant uses a cleaning company, Tenant agrees that Tenant’s cleaning contractor shall maintain liability insurance at a level consistent with the industry and that said policy shall name Landlord and Landlord’s managing agent as additional insureds. The entire Premises, including windows, are to be kept clean by Tenant, at its sole cost and expense, in a manner reasonably satisfactory to Owner. Tenant further agrees not to permit the accumulation (unless in concealed metal or plastic containers) of any rubbish or garbage in, on or about any part of the Demised Premises and not to permit any garbage or rubbish to be stored, collected or disposed of from the Demised Premises except during the hours from 11:00 p.m. to 6:00 a.m. All of Tenant’s garbage and refuse shall be stored in a designated refrigerated storage area within the Demised Premises. Tenant shall not encumber or obstruct, or permit to be encumbered or obstructed, the street and sidewalk adjacent to or abutting upon the Demised Premises. Tenant covenants that Tenant shall, at its own cost and expense, diligently keep the Demised Premises free and clear of any odor, rats, mice, insects and other vermin. In furtherance thereof, Tenant shall employ an exterminator, among others, who will utilize the best prevailing method for the prevention of any odor from any source, or infestation, by and extermination of, said animals and insects.”
Before we move on to another topic, I’ll leave you to ponder the different mindsets that two historically iconic figures have when it comes to cleaning. In a certain light, one can be perceived as being somewhat akin to a number of tenants on the subject; the other that of a landlord.
From arguably the greatest sprinter of all time, namely Usain Bolt: “Once a year I will clean my room, just because I feel I should.”
From Nobel Prize winning playwright George Bernard Shaw: “Better keep yourself clean and bright; you are the window through which you must see the world.”