Clarifying how leases, California law, and property structures determine responsibility for commercial roof repairs.
By Dan Cahill and Gary Stewart
Roof problems can escalate quickly into legal disputes, operational disruptions, and unexpected expenses. For commercial tenants and property owners across Southern California, understanding who is responsible for roof repairs is critical to protecting both the building and the business operating inside it. At SBR Roofing, we regularly help clients navigate these responsibilities before small issues turn into major liabilities.
Lease Structure and Roof Responsibility
Responsibility for roof repairs is primarily determined by the structure of the commercial lease.
Gross Leases
In a gross lease, the landlord typically retains responsibility for major building components, including the roof. Tenants pay a single rent amount, and the landlord covers maintenance, repairs, insurance, and property taxes unless the lease states otherwise.
Triple-Net Leases
Under a triple-net lease, tenants often assume responsibility for maintenance, repairs, insurance, and taxes. However, even in triple-net arrangements, roof responsibility is not always absolute. Many leases carve out structural elements, such as roof membranes, decking, or drainage systems, as landlord obligations. This distinction becomes critical when addressing long-term wear or system failure requiring professional commercial roof repairs.
California Law and Commercial Roof Repair Obligations
California law generally places responsibility for structural integrity on the property owner unless a lease clearly transfers that obligation to the tenant. Courts often scrutinize lease language to determine whether roof repairs fall under routine maintenance or capital improvements. Roof replacement, structural deck repairs, and code-driven upgrades are frequently treated as landlord responsibilities, even when tenants handle day-to-day maintenance.
Common Lease Clauses That Affect Roof Maintenance
Several lease provisions directly influence roof repair responsibility:
- Maintenance and repair clauses that distinguish between routine upkeep and structural repair.
- Capital expenditure clauses that limit tenant responsibility for high-cost improvements.
- Compliance clauses require upgrades to meet current building codes.
- Casualty and damage clauses define responsibility after storms, fire, or other events.
A clear interpretation of these clauses often requires both legal review and a technical roof assessment by experienced commercial roof repair contractors.
Landlord vs. Tenant Responsibility for Structural Components
Roofs are almost always classified as structural components. While tenants may be responsible for damage they cause, landlords typically remain responsible for:
- Roof membranes and insulation systems
- Structural decking and framing
- Drainage systems are integrated into the roof design.
Tenants are more commonly responsible for damage resulting from rooftop equipment, unauthorized penetrations, or tenant improvements that compromise the roof assembly.
HOA Governing Documents and Roof Accountability
In properties governed by HOAs, responsibility is determined by the CC and Rs, as well as the bylaws. Many commercial and mixed-use HOAs define roofs as common elements maintained by the association, with costs shared among owners. Others assign responsibility to individual unit owners. Property managers frequently rely on professional evaluations and commercial roofing repair services to determine whether damage falls under HOA or owner responsibility.
Local Building Codes and Southern California Ordinances
Local jurisdictions in Los Angeles, Ventura, and Orange Counties enforce strict building codes that can affect roof repair obligations. When repairs trigger code upgrades, such as changes to insulation values, fire ratings, or drainage requirements, responsibility often shifts to the property owner. These requirements can significantly increase project scope, making accurate planning and compliant commercial roofing repairs essential.
Insurance, Warranties, and Indemnification
Insurance policies and manufacturer warranties play a major role in determining who pays for roof repairs. Storm damage may be covered under property insurance, while material failures may fall under warranty coverage. Indemnification clauses can also transfer liability when tenant activities damage the roof. We frequently coordinate with insurers, manufacturers, and legal teams to support effective commercial roof repair solutions.
Roof Damage From Storms, Wear, or Tenant Improvements
Southern California weather, while mild, still produces wind events, UV exposure, and drainage challenges that accelerate roof wear. Storm damage is usually treated differently from gradual deterioration. Damage caused by tenant-installed HVAC units, signage, or solar systems often shifts responsibility back to the tenant. Proper documentation and inspection are critical before disputes arise.
Resolving Disputes Over Roof Responsibility
When responsibility is unclear, disputes can delay repairs and worsen damage. The most effective resolution steps include:
- Reviewing the lease and governing documents
- Obtaining a professional roof condition assessment
- Documenting the cause of damage and system age
- Consulting legal counsel when necessary
Independent evaluations from commercial roofing repair companies help establish factual clarity and support resolution without prolonged conflict.
Conclusion
Responsibility for commercial roof repair depends on the lease structure, California law, governing documents, and the cause of the damage. Clear documentation and professional assessments are the most reliable ways to avoid disputes and unplanned costs. At SBR Roofing, we help tenants, landlords, and property managers interpret obligations, assess conditions, and implement compliant, long-term solutions through our commercial roof repair services. When roof responsibility is uncertain, early involvement prevents costly mistakes.
As a proud fourth-generation commercial roofing contractor, Gary Stewart has dedicated his career to upholding the legacy of quality and craftsmanship established by his family. Today, as a managing partner, he works alongside his relatives, blending tradition with innovation to deliver exceptional roofing solutions. His commitment to excellence and teamwork not only strengthens SBR Roofing’s projects but also deepens those family bonds, ensuring that every roof we build is a testament to our shared values of integrity, durability, and service. Together, we are not just constructing roofs; we are building a future for our community and our family lineage.
About the Author
Dan Cahill began his journey in 2001, accumulating over 23 years of experience in the commercial roofing industry. The original owner of SBR Roofing offered a trial period in 2001, coinciding with the bursting of the dot-com bubble. The proposition was simple: give it a year, see if it suits you, and if not, no hard feelings. Surprisingly, Dan found himself sticking around. Fast-forward over two decades, and he continues to thrive in the field.
With a background in sales, Dan discovered a passion for the dynamics of salesmanship, particularly in the freedom it offered from the confines of a desk. The opportunity to engage with people, navigate various situations, and even climb up on roofs appealed to him. This intriguing experience kept Dan hooked, prompting him to stay the course and eventually become a leader in the roofing industry.
