Your Tips for Tenants When Negotiating a Commercial Lease
If you are a prospective tenant seeking to lease commercial space, use these quick tips for tenants when choosing an attorney. Get yourself the best deal and avoid legal risks.
***Before we begin our tips for tenants***
There is no such thing as a “standard form” lease: all terms are potentially negotiable. You are oftentimes confronted with a 40+ page “standard form” commercial lease to sign “Yesterday” from Landlord’s property manager. Before signing it lease it may be advisable to have an attorney prepare or approve a “letter of intent,” outlining your essential terms to make sure the landlord will begin treating you with respect–to show your seriousness, purpose, and wherewithal.
Now, here are my quick tips for tenants on what an attorney should be able to do for you when going through most of the 40+ page lease proposal given to you by the Landlord:
- Determine whether to omit “standard form”’s most one-sided (unfair to you) provisions.
- Strike out percentage income rent and right to inspect your books.
- Keep formula periodic rental increases down.
- Allow for shorter, more frequent, option to renew periods.
- Reduce late payment charge amounts and increases in “holdover” rent.
- Remove resolution of disputes by “referees”; electing arbitration.
- Strike restrictions on your recovery of damages against landlord
- Protect your right to a fair share of any condemnation award on loss of lease.
- Include option for you for early termination of lease, & op-out terms.
- Make the lease more assignable by you to a business buyer.