Operational

As-Is Condition

A lease term requiring the tenant to accept the premises in their current physical condition without any landlord obligation to make repairs, modifications, or improvements before delivery.

Extended Definition

An as-is delivery shifts all responsibility for the space's condition to the tenant. Tenants taking space "as-is" assume the risk of hidden defects, deferred maintenance, and compliance requirements. Before signing an as-is lease, tenants should conduct thorough due diligence including a professional building inspection, review of prior permits and ADA compliance status, and environmental assessments. Landlords often soften as-is provisions by providing a tenant improvement allowance to fund the tenant's own improvements. Lease abstracts should flag as-is delivery clauses because they signal significant tenant capital expenditure requirements and potential undisclosed property conditions.

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