Let a Lawyer Review Your Commercial Lease Agreement

by Mark D. Siegel on Apr. 22, 2017

Business Business Organization Business  Contract Real Estate  Landlord-Tenant 

Summary: A commercial lease is usually prepared by the landlord's attorney. Shouldn't you have your own lawyer review it for you?

Summary: Commercial leases are complex contracts typically drafted by attorneys who specialize in drafting these documents. It is unlikely that a lay person would understand the terms, conditions and implications contained in a commercial lease agreement.
 I am often surprised about how many business owners are willing to enter into a commercial lease without the assistance of an attorney. Unless you are in a home-based business, chances are that you will enter into a lease for your business. Other than payroll, most likely your lease will be one of your highest monthly expenses that you will have on your business. Commercial leases are complex, long and hard to read contracts typically drafted by attorneys who specialize in drafting these documents. It is unlikely that a lay person would understand the terms, conditions and implications contained in a commercial lease.

 The landlord's objective is to maximize income from the rental of the commercial space from the tenants, and, sometimes to have the tenants pay the landlord's overhead. Therefore, it is important you understand ALL the charges that you will have to pay with your monthly rent. For instance, in addition to the base rent, you may have to pay CAM or management charges, sales tax, insurance, property taxes, percentage of gross sales and other expenses. Another item you should know before signing the lease is the term of the lease and the options to renew the lease, as well as if the landlord has the right to move you to a different location, sometimes at your expense. This is a very important item if you are planning to remain on the same location. Last but not least, you need to find out whether or not you have to sign a personal guarantee to enter into the lease agreement. This is very significant and many business owners miss this until it is too late. If you are considering entering into a commercial lease agreement, I recommend you get a consultation with an attorney with experience in reviewing commercial leases. Otherwise, could be one of your costliest mistakes if you decide to go it alone.  

For example, that your monthly lease payments after all the charges add up to $1,500 per month and the lease has 36 months remaining before the next renewal. Upon signing this lease agreement, you just assumed a $54,000 debt with a personal guarantee! I often interview clients wanting to exit the lease after their business income makes it difficult to meet rent obligations.  Typically, there are not too many escape clauses in a commercial lease agreement. Keep this in mind before you sign the lease agreement.

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