Guide
Landlord vs tenant: who pays for hood cleaning (patterns; verify lease)
A strip-lease restaurant, a single-tenant pad, or a second-gen space with a rooftop fan bolted above the suite — the grease path still needs inspection and cleaning. The facilities fight is rarely “does NFPA apply?” It is who pays, who schedules, who holds the certificate, and whether CAM or “building systems” language actually covers grease exhaust. Secondary cites of NFPA 96 §4.1.5 name the equipment owner as responsible by default, with written transfer allowed through a lease or management contract. This page is an operator pattern map for single-tenant and strip leases — not a lease opinion and not legal advice. Shared ghost-kitchen / food-hall setups have their own page; do not treat this as a substitute for reading your agreement.
Short answer
Separate three jobs: payment, scheduling, and report custody. Secondary sources: owner is the default under §4.1.5 unless the lease / use agreement transfers the duty in writing. Most restaurant leases push operating maintenance to the tenant — but only if the lease actually says so. Silent leases are common; verbal “the tenants handle it” does not count. Hood cleaning is not automatically a CAM line item. Get payment, scheduling, roof access, and certificate copies in writing before the next AHJ visit.
Three jobs people conflate
| Job | What it means | Why it matters |
|---|---|---|
| Who pays | Invoice lands on landlord, tenant, or cost-share | Does not decide who the AHJ tags on site |
| Who schedules | Books the cleaner, roof keys, after-hours security | Missed cadence = grease load + deficiency clock |
| Who holds the certificate | Master PDF + on-site copy + label on the hood | AHJ / insurer asks the operating party first |
Secondary operator notes: the AHJ often holds the party operating the kitchen accountable for compliance on site, regardless of who the lease says should pay. Payment and regulatory risk are not the same bucket.
Common patterns (single-tenant / strip — verify your lease)
| Component / task | Often tenant | Often landlord | Watch-outs |
|---|---|---|---|
| Interior hood + baffle filters | ✓ | “Kitchen equipment” language is usually clear here | |
| Scheduled full-path exhaust clean | ✓ | Sometimes | Only if lease names exhaust / hood / duct / fire-code duty |
| Branch duct inside demised suite | ✓ | Sometimes | Fixed duct may be argued as building system |
| Rooftop fan + grease containment | Depends | Depends | Highest dispute zone on strip pads |
| Roof access / hatch keys | ✓ | Tenant-pays still needs landlord coordination | |
| Roof membrane around penetrations | ✓ | Usually capital / building — not a cleaning invoice | |
| Fan motor / mechanical repair | Depends | Depends | Cleaning ≠ repair; leases often split these |
| Certificate / report custody | On-site copy | Copy on request | Both sides should keep PDF |
| CAM / operating expenses | Sometimes billed | Sometimes collects | CAM does not auto-include hood unless itemized |
These are field patterns, not rules. Actual obligations always depend on the specific lease and applicable law.
What to highlight in the lease
- Named exhaust language — hood, duct, grease equipment, rooftop fan — not only “kitchen equipment” or “HVAC.”
- Building systems vs trade fixtures — which bucket grease exhaust falls into.
- Fire-code / NFPA compliance — some leases assign code compliance to one party explicitly.
- CAM / operating expense exhibits — look for a hood or exhaust line item and a schedule, not a vague “common area maintenance covers it.”
- Cleaning vs repair vs capital replacement — routine clean, fan repair, and duct modification are often three different clauses.
- Access — who authorizes roof day, after-hours security, and ladder/hatch rules.
- Records — who receives reports, whether landlord can demand copies, retention expectations.
What a workable split looks like
- Lease or side letter names who pays, who schedules, who gets the PDF
- Scope is full path (hood → duct → fan → containment), not canopy-only
- Roof access procedure written so the cleaner is not stranded at the hatch
- Both parties keep certificates; label stays on the hood
- Cleaning vs repair ownership is explicit
What usually fails first
- Silent lease + mutual assumption the other side booked it
- “CAM covers it” with no hood line item or cadence
- Tenant pays for canopy wipe; rooftop fan never opened
- Landlord owns the fan on paper; tenant cannot get roof keys
- Certificate emailed once, then lost in a turnover inbox
Field note — owner default vs written transfer
- Secondary cites of NFPA 96 §4.1.5.1: responsibility for inspection, testing, maintenance, and cleanliness sits with the equipment owner.
- §4.1.5.2 (secondary): owner may transfer that responsibility in writing (lease, use agreement, management contract). Verbal hand-offs do not count.
- Facilitec Southwest field note (secondary): responsibility language is silent or unclear on a large share of leases they review — both sides sometimes assume the other is handling the file.
- If the lease is silent, do not invent a rule — get a written amendment or side letter before the next service due date.
- A service contractor with only periodic access (the cleaner) does not assume ownership responsibility merely by showing up — secondary NFPA revision notes.
Strip-lease / second-gen checklist
- Pull last 12 months of exhaust reports — if nobody can produce them, treat the system as neglected until proven otherwise.
- Walk the path — hood → branch → riser (if any) → fan → containment; note missing panels and roof access.
- Ask who owns the exhaust hardware — prior-tenant buildout vs landlord asset; put the answer in writing.
- Name the scheduler — email/phone for booking, roof keys, after-hours.
- Separate invoices — cleaning invoice vs repair invoice vs roof work; do not let one vague bill bury scope gaps.
- COI — whoever contracts the crew verifies insurance / WC before roof day.
- Turnover packet — certificates, photos, next-due date, open deficiencies — for the next operator and the landlord file.
Who it’s for / not for
- For: single-tenant strip and pad operators; landlords rewriting CAM language; property managers inheriting silent leases; anyone arguing payment before an AHJ correction window closes
- Not for: inventing legal outcomes; multi-pod ghost kitchens / food halls (use the ghost-kitchen guide); food-truck-only setups; replacing your AHJ’s adopted edition
Sources
- Facilitec Southwest — NFPA 96 codes reference (secondary; §4.1.5.1–4.1.5.2 owner responsibility + written transfer; silent-lease field note)
- Qwick Solutions — landlord or tenant hood cleaning (secondary; lease transfer patterns; AHJ often tags operating party; strip / food-hall notes; not legal advice)
- Night Vision Clean — lease maintenance obligations (secondary; component split table; cleaning vs repair; roof access — verify your own lease)
- Adler Pollock & Sheehan — commercial lease issues (RI restaurants) (secondary legal-industry note; negotiate ownership + cleaning duty in the lease; not advice for your jurisdiction)
- Facilitec Southwest — hood cleaning insurance documentation (secondary; documentation stack insurers and AHJs ask for)
Next step
Open the lease and highlight every line that mentions exhaust, hood, duct, fan, fire code, CAM, or “building systems.” If payment, scheduling, or report custody is unnamed, send a one-page side letter that assigns all three — then book the next full-path clean with COI on file before the sticker expires. This is not legal advice; have counsel review amendments when the dollars or liability are material.