Shift Liability for Hazardous Materials, Compliance to Tenant

You must be aware of the presence of hazardous materials on your commercial property so that you can not only minimize the risks they pose, but also use lease provisions that shift liability for them to your tenant. Before drafting provisions that specify these things, find out exactly what materials on your property are considered “hazardous” under the law. But be prepared: Hazardous materials are defined so broadly that virtually every commercial property—and most likely yours—has at least one.