Simone Lawson
A common area is any part of a building or complex that is not owned by a single resident and can be used by more than one person. These areas are often the first thing prospective tenants notice, and they provide opportunities for existing residents to socialise and get to know one another, creating a sense of community. Common areas are usually defined in lease agreements, and they vary from building to building. They can include lobbies, hallways, elevators, fire escapes, entrances and exits, parking lots, swimming pools, and gyms. The property owner or landlord is responsible for managing and maintaining these areas, ensuring they are clean, safe, and accessible to all tenants.
| Characteristics | Values |
|---|---|
| Definition | Any part of a building or complex that is not owned by one specific resident and is available for use by more than one person. |
| Examples | Lobbies, hallways, stairwells, elevators, entrances, exits, fire escapes, emergency exits, parking lots, swimming pools, rooftops, terraces, gyms, cafes, shops, and kitchens. |
| Maintenance | Landlords or property managers are responsible for maintaining common areas and ensuring they are safe, accessible, and comply with legal requirements. Tenants are responsible for keeping common areas in good condition and may be charged for maintenance. |
| Rules | Clear rules for common areas help property managers and residents cooperate better. |
| Benefits | Well-maintained common areas can attract more tenants, provide opportunities for socialization and community-building, and contribute to a property's overall ROI. |
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What You'll Learn
Landlord's responsibilities
A common area in a single-tenant building is any area that is available for use by more than one person. These are typically shared or communal spaces that are available for common use by all tenants and their invitees. Common areas in a single-tenant building can include hallways, fire escapes, stairwells, elevators, lobbies, and, in some cases, rooftops or large balconies.
Now, coming to the landlord's responsibilities, here are some detailed paragraphs outlining their duties:
Landlords have specific responsibilities and duties regarding the maintenance and upkeep of their rental properties, including common areas. In the context of a single-tenant building, here are some of the key responsibilities that a landlord must uphold:
Maintenance and Upkeep:
Landlords are responsible for maintaining the cleanliness, safety, and overall upkeep of common areas in a single-tenant building. This includes regular cleaning, repairs, and upgrades to keep these spaces in good condition and compliant with legal requirements. For example, if there is a lobby or rooftop terrace accessible to the tenant, the landlord is responsible for ensuring these areas are clean, safe, and well-maintained.
Habitable Condition:
Landlords must ensure that the single-tenant building, including common areas, is kept in a habitable condition. This means addressing any critical issues within a reasonable timeframe, typically between three to seven days, according to state laws. These issues may include a lack of heat or running water, plumbing problems, or electrical faults. Landlords must respond promptly to repair requests and address any health and safety concerns.
Compliance with Laws and Regulations:
Landlords must comply with various laws and regulations pertaining to the safety and upkeep of common areas. This includes adhering to local building codes, fire safety regulations, and accessibility standards, such as the Americans with Disabilities Act. Landlords are responsible for ensuring that common areas are accessible to all tenants, regardless of their protected characteristics, and that they provide a safe environment for tenants.
Pest Control:
Pest control is typically the responsibility of the landlord. If pests or infestations are found in common areas, the landlord should be notified immediately so they can resolve the issue. Landlords may hire professional pest control services and implement prevention measures to address infestations.
Snow Removal and Landscaping:
In some cases, landlords may be responsible for snow removal, especially in apartment complexes or large buildings. Additionally, while landscaping duties may vary, landlords may handle tasks such as mowing the lawn and maintaining the overall landscaping of the property.
Security Deposits and Rent Collection:
Landlords are responsible for managing security deposits and ensuring they comply with state laws. They can charge tenants for a security deposit to cover property damage and unpaid rent. Additionally, landlords must adhere to rent collection practices, including any applicable rent control laws, and can charge tenants for utilities if specified in the lease agreement.
It is important to note that specific landlord-tenant laws and responsibilities may vary from state to state, and a comprehensive lease agreement should outline the duties of both parties to avoid ambiguity.
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Tenant's rights
Common areas are spaces in a building that are open to all tenants, not just specific residents. These areas are for the collective use and enjoyment of all tenants and their guests. Examples of common areas include hallways, stairways, entrances, lobbies, elevators, community lounges, swimming pools, and rooftop terraces.
Tenants' rights in common areas are protected by specific laws and regulations. Here are some key tenants' rights:
Right to a Safe and Healthy Environment
Tenants have the right to a safe and healthy living environment. Landlords are responsible for maintaining and keeping common areas clean, safe, and free from health hazards. This includes regular cleaning, repairs, and addressing environmental hazards such as dead trees, dry brush, or accumulations of debris that may pose a risk during natural disasters.
Equal Access and Non-Discrimination
All tenants have the right to equal access to common areas, regardless of their race, gender, age, or other protected characteristics. Landlords must ensure that common areas are accessible to all tenants and comply with laws such as the Americans with Disabilities Act and local building codes.
Right to a Well-Maintained and Functional Space
Tenants have the right to use and enjoy well-maintained and functional common areas. Landlords are legally obligated to properly manage and upgrade these spaces to ensure they are in good condition and meet legal requirements. This includes making necessary repairs, upgrades, and addressing maintenance issues promptly.
Dispute Resolution
In the event of disputes over the use or upkeep of common areas, tenants have the right to a fair outcome. If a tenant is causing damage, monopolizing a space, or engaging in activities that interfere with another tenant's rights, a legal process can be initiated to resolve the dispute and ensure fairness for all involved parties.
Freedom of Religion and Belief
Anything pertaining to religion or beliefs in common areas is covered under the Fair Housing Law. While tenants may not have control over furnishings or decorations in common areas, any serious threats or issues pertaining to religion or beliefs can be addressed through the appropriate legal channels.
It is important to note that specific laws and regulations regarding common areas may vary depending on the state and municipality. Tenants should refer to their lease agreements and local laws for detailed information on their rights and responsibilities in common areas.
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Common area expenses
Common areas are spaces that are available for use by more than one person. They are typically found in apartment buildings, condominiums, and commercial properties. These areas are managed by the property owner or landlord, who is responsible for maintaining and upkeep using a portion of the rental income. Common areas include lobbies, hallways, elevators, stairwells, fitness centres, swimming pools, and rooftop terraces.
Maintaining these shared spaces can be a significant expense for landlords, and in commercial properties, these costs are often passed on to tenants through common area maintenance (CAM) fees. CAM fees are typically defined in the lease agreement and are paid by tenants to the landlord to help cover the costs associated with overhead and operating expenses for common areas. These fees can include a range of expenses, such as repairs, cleaning, utilities, security, and snow removal.
CAM charges can be divided into two categories: controllable and uncontrollable. Uncontrollable CAM charges include taxes, security costs, utilities, and snow removal expenses. All other expenses charged as CAM fall under controllable charges. Examples of controllable CAM charges include portering, parking lot striping and lighting, and landscaping.
The calculation of CAM fees can vary depending on the lease agreement. In some cases, each tenant pays their pro-rata share of the total CAM charges, which is based on the percentage of their rented square footage in relation to the total rentable square footage of the property. At the beginning of each year, the property manager forecasts the anticipated CAM expenses for the property and divides them proportionally among the tenants. If the actual CAM expenses are lower than the estimated amount, tenants will receive a credit for the difference. However, if the actual costs exceed the estimate, tenants will owe the difference as a lump sum.
It is important for tenants to understand the CAM charges outlined in their lease agreement, as these additional fees can significantly impact their overall rental expenses. By clearly defining and managing common area expenses, landlords can create a pleasant living or working environment for tenants while also ensuring the proper upkeep and maintenance of shared spaces.
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Common area maintenance
Common areas in a single-tenant building are spaces that are available for use by more than one person. These areas are typically defined in the lease agreement and can vary depending on the building. They are often the first thing potential renters notice, and well-maintained common areas can help attract more tenants and increase satisfaction among existing residents.
Maintaining these common areas is essential for both residential and commercial properties. Common area maintenance (CAM) involves the upkeep of these shared spaces to ensure they remain functional, safe, and aesthetically appealing. CAM encompasses tasks such as cleaning, landscaping, security, snow removal, and routine repairs of areas like lobbies, parking lots, elevators, restrooms, and other common facilities.
The expenses related to CAM are typically borne by the tenants, with each tenant contributing based on their proportionate share of the entire property. These charges are usually outlined in the lease agreement and can be expressed as cost-per-square-foot. Tenants benefit from well-maintained common areas, as it allows them to utilize the space without worrying about upkeep.
It is important to note that specific laws and rules govern how common areas should be used and maintained. These laws mandate accessibility, safety, and equal access for all tenants. Landlords have specific responsibilities to maintain each common area, and tenants have the right to access these areas equally, regardless of their protected characteristics. Clear rules for common areas help property managers and residents cooperate and create a respectful community.
Overall, common area maintenance is crucial for maintaining the functionality, safety, and appeal of shared spaces in a building. By understanding the definition of common areas and effectively managing their maintenance, property managers and landlords can create a positive and inviting environment for tenants and customers.
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Examples of common areas
A common area is a space that is available for use by more than one person. In the context of a single-tenant building, common areas are spaces that are accessible to all tenants and are intended for their mutual benefit. These areas are typically maintained and managed by the landlord or property manager, who is responsible for ensuring their safety, accessibility, and compliance with legal requirements.
Hallways and Fire Escapes: Hallways are a typical example of a common area as they provide a means of passage between different parts of the building. In the event of an emergency, fire escapes serve as crucial common areas, providing a safe way out for all tenants.
Stairs and Elevators: These are necessary for reaching upper levels of the building and are usually accessible to all tenants. However, some stairwells and elevators may be designated solely for maintenance purposes and are clearly marked as such.
Lobbies: Lobbies are often considered common areas where tenants can socialize, wait for rides, or meet visitors. Elevator lobbies, where people wait for their floor, are also common.
Rooftop Terraces and Balconies: Rooftops and large balconies are popular amenities, offering tenants a pleasant space to spend time outdoors. While sometimes designated for limited private use, these areas are generally accessible to all.
Fitness Centers and Swimming Pools: These amenities provide opportunities for recreation and social interaction among tenants. They are often highly valued by tenants and can contribute to a positive living experience.
It is important to note that the specific common areas present in a single-tenant building may vary, and each property will have its own unique combination of shared spaces. Additionally, the rules and regulations governing common areas can differ based on location, with various laws ensuring accessibility, safety, and equal access for all tenants.
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Frequently asked questions
A common area is any part of a building or complex that is not owned by one specific resident and can be used by more than one person.
The property owner or landlord is responsible for managing and maintaining common areas. However, if there is an association of allottees or an apartment association, they may take over these responsibilities.
Common areas in a single-tenant building can include lobbies, hallways, elevators, stairwells, fire escapes, emergency exits, and entrances and exits to the building.
Yes, specific laws and rules, such as the Americans with Disabilities Act and local building codes, mandate accessibility, safety, and equal access for all tenants in common areas.
Well-maintained common areas can attract more tenants and create a sense of community, increasing tenant satisfaction. For tenants, common areas provide opportunities to socialise and get to know their neighbours.
