Most commercial leases significantly limit the tenant’s remedies against a landlord. A green tenant should still seek to reserve its right to proceed against the landlord for fundamental breaches of sustainability covenants, such as the failure to obtain or maintain a building certification. In case of breaches of their own sustainability provisions, the tenant should negotiate for reasonable rights to cure performance. The tenant should also ensure that the lease provides a clear audit right as to CAM charges, especially energy usage, with appropriate rent credits/debits in the event of over or under charging.
