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A commercial property lease is a legal agreement between the property owner and the tenant to use the property for commercial purposes. While drafting a commercial property lease can be difficult, with the correct knowledge and planning, it will be helpful for both landlords and tenants. This blog post will thoroughly cover commercial property leasing, key terms, the leasing procedure, and suggestions for tenants and owners.
What is the Process of Commercial Property Leasing?
Below is a commercial property leasing process that will help fulfill your leasing requirements seamlessly.
Assess Your Needs
It's necessary to evaluate your company's demands and decide the kind of area you need before you begin the property search. Consider your company's needs and variables like location, size, and cost. Once your demands have been established, look for houses that fit your requirements. Online, through real estate brokers, or by visiting property expos are various options to look for properties.
Arrange property tours to check if it fits your requirements. It will allow you to visit the location in person and decide whether it suits your business purpose.
Think About the Rental Market
The rental market varies tremendously depending on where you live. Thus, checking the local rental market before signing a contract would be beneficial to get the property at competitive rates.
A flexible lease arrangement can be advantageous for both the landlord and the renter, so look for one. Moreover, you must always go for lease provisions that permit modifications as your company develops or evolves.
If you find a property that meets your needs, it is time to negotiate the lease agreement terms. It may include the rent amount, lease length, and responsibilities for maintenance and repairs.
Sign the Lease Agreement
Once you have agreed with the landlord, sign the lease agreement and make any required security deposits.
Commercial Property Leasing Tips for Landlords
Cautious Tenant Screening
Conduct rigorous credit and security checks on prospective tenants to ensure they are trustworthy and financially sound.
The lease agreement should clearly state who is in charge of repairs and upkeep, as well as the obligations of both the landlord and the tenant.
Set a Reasonable Rent
Decide on a price that covers your costs and gives you a return on your investment while also being competitive with other comparable properties in the neighborhood.
Try providing incentives like rent-free intervals or tenant renovations to attract high-caliber tenants.
Dan "Dragan" I.
Commercial Property Leasing Tips for Tenants
Below are key steps a lessor must follow during a commercial property lease.
Establish a Budget
Before looking for properties, decide on your monthly budget for rent and any supplemental costs like taxes and insurance.
Negotiate the Terms
Be ready to negotiate the conditions of the lease agreement, such as the monthly rent and the length of the Lease.
Consider the Setting
Your company's success depends on your building's setting. Consider elements like your target market's accessibility, visibility, and closeness.
Properly Examine the Leasing Agreement
Verify that you comprehend every lease agreement clause before committing. Consider any clauses affecting your company, such as rent increases or use limitations. In addition, it is better to consult an attorney to ensure your ownership is safeguarded. If you have any questions about the leasing agreement, consult an attorney.
Think About the Future
Make sure the leasing agreement allows for adaptability and expansion by considering your company's future needs. Before moving in, conduct a thorough inspection of the property to ensure all necessary repairs or renovations have been made and that it is in good shape.
Maintain the Property
To maintain the property's value and avoid conflicts with the landlord, keep the house in good shape, and perform all necessary repairs. Consider purchasing insurance to guard your company against any potential obligations or losses.
Review the Lease Regularly
Review the lease agreement regularly to ensure it still meets your needs and to address any issues that may arise.
Negotiate the Prerequisites of the Lease
The owner and the tenant must agree when renting commercial property. Don't hesitate to negotiate its conditions to ensure the leasing agreement satisfies your wants and requirements. To secure a win-win arrangement for all parties, negotiate the rent, the length of the Lease, and other important aspects.
Know Your Rights and Obligations
A popular commercial property leasing experience depends on being aware of your rights and obligations as a tenant. Make sure you know your responsibilities regarding rent payment, property upkeep, and usage limitations.
Consider the Property Type
Different types of commercial properties have advantages and disadvantages. Consider the real estate kind that most closely matches your requirements, such as an office complex, a storefront, or a commercial warehouse.
Include the Cost of Advancements
If you intend to make any changes to the property, include a provision in the lease agreement to cover the cost of those changes. By doing this, you can make sure the property is adequately cared for and enhanced over time.
Examine the Landlord's Record Before Signing the Lease
Make sure the landlord has a solid reputation and a history of offering high-quality residences. A respected landlord is more likely to cooperate with you to make your leasing experience fruitful and effective.
- Total Lease: In a gross lease, the landlord is responsible for paying all property-related costs, such as taxes, security, and upkeep. The renter makes all monthly rent payments, and the landlord is responsible for all other costs.
- Net Lease : In a net lease, in contrast to the rent, the tenant is also responsible for part of the property's costs, such as insurance and property taxes.
- Triple Net Lease : In a triple net rental agreement, the tenant is in charge of covering all costs associated with the property, such as taxes, insurance, and upkeep.
- Escalation Clause : An escalation clause is a provision in a lease that permits rent to rise over time, generally according to a predetermined formula.
- Rentable Square Footage: The amount of floor space available by the tenant, including common spaces, is referred to as rentable square footage.
- Usable Square Footage: The actual square footage made accessible to the tenant for their usage, excluding shared areas, is referred to as usable square footage. Any alterations or additions done to the property to meet the unique demands of the renter are referred to as tenant improvements.
In a nutshell, renting out commercial property is a difficult and crucial choice for both tenants and owners. Both parties may ensure their partnership is fruitful and effective by understanding the major terms and the leasing procedure and adhering to best practices. Understanding the commercial property leasing process is crucial for success, whether you are a tenant searching for the ideal property or a landlord seeking the ideal renter.
And if you have questions regarding any part of the commercial leasing procedure, our attorneys at ContractsCounsel are there to help. Our team of experts can offer helpful counsel and direction to guarantee a good and lucrative commercial property leasing transaction.
Meet some of our Commercial Property Lease Lawyers
June 13, 2022
I have been in practice since 1990 and practice in D.C., Maryland, and Virginia. I am an experienced litigator and look forward to resolving your legal questions as efficiently as possible.
June 21, 2022
Hello! I am an Iowa native trying to bring some Midwest problem-solving to southern civil law. I thoroughly enjoy getting to know the individuals and businesses I assist. I practice estate planning and business formation and, with my litigation experience in mind, I help clients plan to ensure they and their interests are protected in the future.
July 12, 2022
Danielle Giovannone is the principal of Danielle D. Giovannone Law Office. In her experience, Danielle has found that many business do not require in-house legal counsel, but still need outside counsel that knows their business just as well as in-house counsel. This need inspired Danielle to start her firm. Before starting her firm, Danielle served as Contracts Counsel at Siena College and as an attorney at the New York City Department of Education, Office of the General Counsel. At the NYCDOE, she served as lead counsel negotiating and drafting large-scale commercial agreements, including contracts with major technology firms on behalf of the school district. Prior to the NYCDOE, Danielle worked as an associate at a small corporate and securities law firm, where she gained hands-on experience right out of law school. Danielle has provided legal and policy advice on intellectual property and data privacy matters, as well as corporate law, formation and compliance, employer liability, insurance, regulatory matters, general municipal matters and non-profit issues. Danielle holds a J.D. from Fordham University School of Law and a B.S. from Cornell University. She is active in her Capital District community providing pro bono services to the Legal Project, and has served as Co-Chair to the Niskayuna Co-op Nursery School and Vice President of Services to the Craig Elementary School Parent Teacher Organization. Danielle is a member of the New York State Bar Association.
July 17, 2022
Anand is an entrepreneur and attorney with a wide-ranging background. In his legal capacity, Anand has represented parties in (i) commercial finance, (ii) corporate, and (iii) real estate matters throughout the country, including New Jersey, Pennsylvania, Delaware, Arizona, and Georgia. He is well-versed in business formation and management, reviewing and negotiating contracts, advising clients on financing strategy, and various other arenas in which individuals and businesses commonly find themselves. As an entrepreneur, Anand is involved in the hospitality industry and commercial real estate. His approach to the legal practice is to treat clients fairly and provide the highest quality representation possible. Anand received his law degree from Rutgers University School of Law in 2013 and his Bachelor of Business Administration from Pace University, Lubin School of Business in 2007.
June 13, 2022
I am a Florida estate planning and probate attorney helping clients achieve their goals through personalized legal strategies. Excellent communication, thorough preparation, and accurate execution are the keys to success.
July 8, 2022
Ahaji Amos, PLLC is a Houston-based intellectual property and civil litigation firm servicing clients throughout the U.S.
July 14, 2022
Combining extensive experience in litigation and as general counsel for a real estate and private equity company, I provide ongoing guidance and support to clients on a variety of transactional matters, including business formation, partnership agreements, corporate agreements, commercial and residential leasing, and employment issues.