Home Blog How to Get Out of a Commercial Lease

Jump to Section

Quick Facts — Lease Agreement Lawyers

To get out of a commercial lease, the lessee must study the lease agreement, communicate with the lessor, and seek professional advice and other legal remedies. Getting out of a commercial lease is complex, but it is sometimes possible through an early termination clause, subletting, lease buyout, and other ways. Let us discuss these provisions in detail in the blog below.

How to Get Out of a Commercial Lease for Lessor and Lessee

To get out of a commercial lease agreement, a lessor may consider one or more of the following ways:

Lessor

  • Early Termination Clause: This clause is usually present in some lease agreements. This clause specifies certain terms and conditions subject to which a lessee can break the commercial lease agreement.
  • Consensus Between the Lessor and Lessee: Both parties may mutually agree to break the commercial lease agreement.
  • Lease Buyout: A lease buyout implies that the landlord agrees to let the lessee terminate the lease agreement by paying monetary compensation to the landlord. This method relieves the lessee of liability and is a better way to terminate the lease agreement.
  • Subletting: This is a more cost-effective lease termination method than a lease buyout. Subleasing allows the lessee to transfer partial rights of the commercial lease to another party for a short period. This method does not relieve the lessee of his liabilities. However, some leases require the landlord's prior consent before the lessee can sublease to another party.
  • Breach of Contract: A breach implies the violation of one or more terms of the contract. This clause provides that the lessee can terminate the lease if the lessor causes any breach of contract.
  • Surrender the Lease: The lessee may approach the landlord to ask for permission to surrender the lease. If the landlord agrees, the lessee should sign a deed of surrender. This will terminate the commercial lease agreement between the lessor and the lessee.
  • Eviction by Lessor: Due to any default or breach on the part of the lessee, the lessor may issue a written notice. In this notice, he should state the reason for eviction and ask the lessor to vacate the commercial property.

Lessee

A lessee must consider the following tips on terminating a commercial lease before the expiry of its term:

  • The lessee should ensure that an early termination clause is included in the agreement when signing it to safeguard their interests.
  • In case of a lease buyout, the lessee should be prepared to negotiate by considering the current real estate market supply and demand, calculating the lease buyout penalty, taking help from an experienced real estate advisor, and understanding the motives of the lessor.
  • If the lessee wants to save money and not opt for a lease buyout, they should consider subleasing as an effective solution.
  • The lessee and the lessor should communicate and decide on the termination of the lease.

Implications of Getting Out of a Commercial Lease

Before breaking a commercial lease, one should know the consequences of the abovementioned action. These include:

  • Facing Legal Consequences: The lessor is entitled to take legal action against the lessee if the lessee breaks the lease to recover any loss or damage or to enforce the agreement.
  • Waiving Security Deposit: If the lessee breaks the lease, they expressly waive the security deposit they might’ve paid to the lessor when signing the lease agreement.
  • Impacting Credit Score Negatively: Breaking a commercial lease can negatively affect the credit score of the lessee, which in turn will create more difficulties for the lessee to obtain loans or lease deals in the future.
Meet some lawyers on our platform

Stephen H.

9 projects on CC
CC verified
View Profile

Dolan W.

1822 projects on CC
CC verified
View Profile

Faryal A.

564 projects on CC
CC verified
View Profile

Benjamin W.

198 projects on CC
CC verified
View Profile

Tips to Prevent Getting Out of a Commercial Lease

Below are some essential tips for avoiding a commercial lease agreement termination:

  • Have a carefully drafted lease agreement to cover all conflicts arising during the lease and their remedies. The agreement should also contain provisions for the security deposit and its recovery in case of termination of the lease agreement.
  • Sublet a part of the commercial property instead of breaking the lease agreement. Terminating the lease is a cost-effective option as it does not stress the lessee with additional expenses for early lease termination.
  • Include provisions regarding strategies for unforeseen events and situations in the lease agreement. This includes force majeure provisions and early termination clauses.
  • Thoroughly research the commercial space before signing the lease agreement to ensure it is optimal and most suited for your business.
  • If the company is a start-up business or fairly new, avoid entering into long-term leases as the company is still in the growing phase.
  • Maintaining clear communication and addressing issues promptly helps establish a good relationship with the landlord.
  • Include a lease termination clause in the agreement that outlines specific conditions or events under which the lease can be terminated early.
  • Try to assign the lease to another qualified tenant or sublease the space if you need to exit the lease before the term ends.
  • Negotiate a lease buyout or restructure with the landlord,if possible. The process involves reaching a mutually agreeable arrangement where you pay a fee or modify lease terms to terminate the lease early.

Key Terms for Commercial Leases

  • Commercial Lease Agreement: A legal agreement between a lessor and a lessor describing the applicable instructions, terms, and conditions when a business rents out a commercial property to operate its business.
  • Term Clause: The term clause defines the duration for which the lessee has possession over the property. The beginning possession date, the termination date, and in some cases, the lease renewal date are included in the termination clause.
  • Use Clause: This clause defines the purpose for which the property has been given on lease. The purpose of including a use clause is to ensure that the lessee is not misusing the commercial property. Additional protection is provided to the landlord through this clause so that he can file for damages in case of any misuse of the commercial property.
  • Security Deposit: This is a fixed amount of money deposited when signing the lease agreement as security to the lessor for any property damage during the lease period.
  • Mutual Agreement: This clause defines a voluntary agreement between the tenant and landlord to terminate the lease before its automatic expiration.
  • Lessor and Lessee: The lessor is the property’s owner, and the lessee is the party to which the said property is given on lease.
  • Breach of Contract: This clause prevents the parties from breaching the terms of the commercial lease agreement. It contains the remedies available to the aggrieved party in case of any breach.

Final Thoughts on How to Get Out of a Commercial Lease

To get out of a commercial lease agreement, the lessee should review the lease agreement to look for any early termination clause. The lessee should negotiate with the lessor to include specific provisions which protect the lessee's interests. Getting out of a commercial lease can have adverse consequences for the lessee. Therefore, the lessor should consider all the consequences and ensure they are adequately equipped to face the challenges they will face due to breaking the commercial lease. According to the circumstances of their case, the lessee can finally consider any of the previously discussed ways of getting out of a commercial lease.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Lease Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,388 reviews

Meet some of our Lawyers

Zachary J. on ContractsCounsel
View Zachary
5.0 (439)
Member Since:
May 27, 2022

Zachary J.

Principal
Free Consultation
Crown Point, IN
7 Yrs Experience
Licensed in IL
The University of Michigan Law School

I am a solo-practitioner with a practice mostly consisting of serving as a fractional general counsel to growth stage companies. With a practical business background, I aim to bring real-world, economically driven solutions to my client's legal problems and pride myself on efficient yet effective work.

Recent  ContractsCounsel Client  Review:
5.0

"I was very satisfied with Zach’s knowledge and responsiveness!"

Scott S. on ContractsCounsel
View Scott
5.0 (69)
Member Since:
October 27, 2021

Scott S.

Attorney
Free Consultation
New York, NY
19 Yrs Experience
Licensed in NY
Benjamin Cardozo School of Law

I specialize in business law and contracts, with an emphasis on commercial transactions and negotiations, document drafting and review, employment, business formation, e-commerce, technology, healthcare, privacy, commercial real estate, data security and compliance. Specifically, I've drafted, reviewed and/or negotiated thousands of MSA's, NDA's, TOS', SAAS, sales, service, managed services, referral, reseller, royalty, finder’s fee, employment, contractor, consulting, advertising, marketing, manufacturing, distribution, management, artist, author, agency, photography, rental, lease, vendor, partnership, website, platform, application, privacy, non-compete, non-circumvent, confidentiality, IP ownership and licensing agreements so I'm very familiar with these types of documents. Practicing law since 2006, I worked in-house before starting my own solo practitioner law firm in 2011. I've worked with individuals and start-ups, Fortune 500 companies, and every type of entity in between, always providing quality legal work that fits the exact needs of the person and/or business. I’m a graduate of the Benjamin Cardozo Law School and also have an English degree from Penn.

Recent  ContractsCounsel Client  Review:
5.0

"The language of the commercial lease i was negotiating was much more favorable in terms of how the Lessor was expected to conduct their end of business regarding "Additional Charges" requiring itemization and examples of comparable rates where increases may occur."

Meghan T. on ContractsCounsel
View Meghan
4.8 (17)
Member Since:
February 1, 2022

Meghan T.

Partner
Free Consultation
Atlanta
7 Yrs Experience
Licensed in GA
Emory University

Meghan Thomas is an accomplished transactional attorney. She specializes in IP, real estate and tech related transactional matters, and business contracts. Meghan's innovative leadership style has attributed to the firm's rapid development and presence in the metro-Atlanta market. She obtained her Doctor of Law from Emory University where she worked with the State Attorney General and litigated property disputes for disadvantaged clients. ​ Prior to practicing, Meghan negotiated complex transactions for Fortune 500 tech and healthcare companies. She lives with her family in Southwest Atlanta, enjoys cooking, travel, dance and continues to develop her research in the areas of transactional law and legal sustainability.

Recent  ContractsCounsel Client  Review:
5.0

"Meghan's exceptional guidance through a complex commercial lease negotiation has solidified her as a trusted advisor for all future lease agreements. Her extensive background in contract negotiations and advocacy for small business owners has earned my utmost respect and repeat business. Thank you, Meghan for protecting my family business from potential financial hardship through your legal expertise."

Valerie L. on ContractsCounsel
View Valerie
5.0 (48)
Member Since:
September 21, 2022

Valerie L.

Attorney
Free Consultation
Vacaville, CA
5 Yrs Experience
Licensed in CA

Valerie is a passionate attorney specializing in Employment Law, Family Law, Personal Injury, and Business. With a strong foundation in the legal field, she is committed to helping individuals navigate the intricacies of their legal agreements. Valerie prioritizes open communication, ensuring her clients feel seen, understood, and confident as they make important decisions for their future. She is committed to empowering clients to become the best version of themselves while addressing their unique needs throughout the process.

Recent  ContractsCounsel Client  Review:
5.0

"I had an excellent experience working with Valerie on my prenup. She was knowledgeable and thorough. She took time to answer my questions and explain items in detail. I felt completely supported throughout the entire process. Thank you for your professionalism and for making an otherwise stressful task feel more manageable. Highly recommend!"

Jeffrey W. on ContractsCounsel
View Jeffrey
5.0 (1)
Member Since:
June 26, 2024

Jeffrey W.

Contract Attorney
New york, NY
5 Yrs Experience
Licensed in NY, TX
Cumberland School of Law

I am a business, transactions, contracts attorney. I was the sole in-house attorney for a good-sized staffing company. I can review and create nearly any type of document you need. I enjoy writing, reading, and editing contracts. I want to read your contract. If I cannot do it, I won't take the job and I won't charge you for what I cannot do. However, in reality, unless you need a 225 page financing agreement, is has never been an issue.

Michael W. on ContractsCounsel
View Michael
5.0 (2)
Member Since:
July 13, 2020

Michael W.

Attorney
Free Consultation
Columbia, MD
15 Yrs Experience
Licensed in MD
Georgetown University Law Center

Graduate of Georgetown Law (J.D. and LL.M in Taxation) Injury Claims Adjuster before law school for top insurer Eight plus years of legal experience Past roles: Associate at premier boutique law firm in the DC metro area Policy Associate at a large academic and research institution Solo Practice Areas of Expertise: Contracts Business Formation Trusts and Estates Demand Letters Entertainment Transactions

Recent  ContractsCounsel Client  Review:
5.0

"Michael was great to work with, professional and responsive. He hit the deadline and delivered the required document for me. Highly recommend both him and Contracts Counsel!"

Matthew F. on ContractsCounsel
View Matthew
4.9 (20)
Member Since:
July 13, 2020

Matthew F.

Attorney
Free Consultation
Coral Springs, FL
23 Yrs Experience
Licensed in FL
UF Levin College of Law

As a business law attorney serving Coral Springs, Parkland, and Broward County, FL, Matthew has been recognized as “AV” rated, which is the highest rating an attorney can achieve through Martindale’s Peer Review system. Year after year Matthew is listed in the “Legal Leaders” publication as a top-rated attorney in South Florida in the areas of litigation, commercial litigation, and real estate. Matthew is also a graduate and instructor of the Kaufman Foundation’s FastTrac NewVenture Program, presented by the Broward County Office of Economic and Small Business Development.

Recent  ContractsCounsel Client  Review:
5.0

"Matthew provided exactly as quoted. He clearly reviewed all my materials to construct the best possible demand letter and it was a success! Highest recommendations. Wouldn’t hesitate to use again."

Find the best lawyer for your project

Browse Lawyers Now

See Real Lease Agreement Projects

California Commercial Lease Agreement Review Review
  • California
  • 8 lawyer bids
  • $500 - $1,050
View Details
California Foothill Regional Lease Agreement Drafting
  • California
  • 10 lawyer bids
  • $500 - $1,245
View Details
Texas Review Cell Tower Lease Agreement Review
  • Texas
  • 8 lawyer bids
  • $325 - $750
View Details
California Review Draft of a Lease Agreement Review
  • California
  • 8 lawyer bids
  • $498 - $1,200
View Details
California Office leasing agreement in California Review
  • California
  • 7 lawyer bids
  • $375 - $1,000
View Details
North Carolina Lease Agreement Review Needed in North Carolina - 49 Pages Review
  • North Carolina
  • 7 lawyer bids
  • $600 - $2,000
View Details

See all Lease Agreement projects

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Lease Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,388 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Real Estate Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Lease Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,388 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city