Real Estate Office Lease: A General Guide
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Quick Facts — Real Estate Office Lease Lawyers
- Avg cost to draft a Commercial Lease: $880.00
- Avg cost to review a Commercial Lease: $710.00
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- Clients helped: 679 recent real estate office lease projects
- Avg lawyer rating: 4.94 (118 reviews)
What is a Real Estate Office Lease?
A real estate office lease, also known as a commercial lease agreement, is a legally binding agreement made between a landlord (lessor) and tenant (lessee) for the purpose of renting commercial space for business offices. The tenant, typically a business owner, will need to sign the office lease as a requirement for renting the commercial space.
Real estate office leases can have terms from five to ten years in length, so it is a big investment made by the tenant. Because of this, it is important that the tenant (lessee) fully understands the lease terms included in the agreement, and negotiates terms that may make the lease more favorable to the business.
Examples of Commercial Real Estate Property
Commercial real estate property is property that is rented for commercial or business use, and it not just limited to office spaces. Businesses of all sizes may need to rent commercial space to store inventory, give their employees a place to work, have a retail space for customers, and more. Some examples of commercial property include:
- Office space
- Warehouses and industrial space
- Retail space (stores, shopping centers, etc.)
- Leisure space (hotels, restaurants, sports facilities, etc.)
- Healthcare space (medical, dental, nursing homes, etc.)
Common Terms in a Real Estate Office Lease
A real estate office lease will have varying terms, but below are some you will typically find which are important to understand:
Cost of Rent & Escalations
This clause will typically include the monthly fee paid by the tenant to lease the office space. Rental rates can vary, but is typically calculated off a price per-square foot ($/SF) basis. There may also be rent escalations over the lease term to keep an eye on, which are increases in rent based on certain timeframes.
Lease Term
This section of the lease will outline how long the length of the lease is. Office leases can typically see lease terms of five to ten years.
Modifications, Improvements, and Buildouts
For office spaces, it is common to renovate and modify the space to fit the office’s needs. There will be a provision in the lease agreement that outlines what the tenant is allowed and not allowed to do as it relates to renovations, modifications, and buildouts. Make sure the lease allows the modifications required for your business plans.
Maintenance and Repairs
There will be a section of the lease that outlines who is responsible for paying for maintenance and repairs of the property. Depending on the lease, this may be the landlord’s responsibility or the tenant’s responsibility. It is important to understand this so that you can budget accordingly.
Subletting
Subleasing space for offices can be common, and there is typically a section in the lease that addresses this. If you plan to sublease part of the office space, make sure the lease allows it and understand the obligations you will have if you do sublease part of the space.
Renewal & Termination
The lease will have language around the lease renewing (i.e., how the lease will renew) and how each party can get out of the lease. No one wants to think about worst case scenarios, but make sure this section is fully understood in case the lease needs to be terminated early.
Use Clause
Lastly, an office lease will typically have a clause that outlines what the property can be used for. If you’re planning to use it strictly for office space, make sure the language of the lease allows for this. If you plan to use any part of the space for other reasons (i.e., retail, entertainment, storage, etc.), make sure this is allowed under the current lease language.
Seeking Professional Advice
Whenever you are asked to sign a legal document, especially when it is a big investment, it is always recommended to seek professional legal advice. Commercial real estate lawyers can help guide you through the process of drafting or reviewing a real estate office lease. These professionals will understand the terms and what is fair within the market. They will also help protect your rights as a landlord or tenant to set the transaction up for success.
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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.
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Meet some of our Real Estate Office Lease Lawyers
David B.
Seasoned transactional attorney with extensive experience in the life sciences / medical device / pharmaceutical industries. Skilled at providing actionable legal advice that balances risk and reward.
"Absolutely amazing man. Extremely well informed and studied. Can't thank you enough for the insight, straight talk and awesome suggestions, David. I'll definitely be coming back."
Daniel D.
Attorney with 14 years experience in transactions, civil litigation and criminal law
"Great Job. Daniel is very responsive and he understood what I needed done."
William M.
Will focuses his legal practice on business, real estate, entertainment, intellectual property, and certain litigation matters. In addition to his legal expertise, he is a owner of a quickly growing bluegrass record label, and has produced chart topping bluegrass albums. Beyond his professional achievements, he has earned acclaim as a bluegrass musician, producer, and songwriter, having toured extensively across North America with well known bluegrass bands. Will is also involved with volunteering and professional groups focused towards music frowth and education. With a distinctive background as an attorney, musician, real estate investor, and business owner, Will offers clients a unique and relatable perspective few attorneys possess.
"Will did a great job of reviewing our commercial lease and explaining the legal implications in a clear way. We hope to work with him again in the future."
David U.
For the last 25 years I've focused on representing businesses and entrepreneurs in transactional law deals, including LLC creation, operation and sale of businesses; real estate sales and leasing; and general contract negotiation and drafting. While I've helped all manner of businesses work out a variety of contract and business matters, I am an expert at helping clients with buying and selling commercial properties including multi-family and office projects and buildings, subdivisions, and retail shopping centers. I am also a recognized expert negotiating leases for retail and office tenants and landlords. Over 25 years I've honed my skills a lawyer at one of the largest law firms in the world, an elite real estate boutique in Aspen, Colorado and a highly regarded firm based in Denver, Colorado, before starting my own practice in 2016. Since 2016 I've been helping my clients with real estate and business deals. I'm a commercial real estate and business expert with a passion for helping clients forge successful ventures in an efficient and understandable manner.
"David was very informative during our initial call, and helped me understand the scope of work that my project needed depending on how many legal avenues I wanted addressed and covered. The work he provided was detailed and completed by the deadline that he provided."
Matt B.
Matt practices law in the areas of commercial finance, contract law, business & corporate law, and residential and commercial real estate (with a particular emphasis on retail shopping centers and office buildings). He has extensive experience in negotiating and structuring complex commercial loan, asset acquisition, asset disposition, leasing and real estate transactions. Matt additionally works on various general matters for clients such as forming LLCs and corporations, preparing various LLC and corporation documents and drafting and reviewing various types of contracts and agreements for clients and providing advice regarding same. Matt provides clients with extensive and timely communication on their matters and ensures that his clients are well represented and highly satisfied with their legal representation and the work product provided. Matt offers all potential clients a free initial consultation to discuss their legal matters prior to engaging his firm to represent them. Prior to opening his law firm Matt worked for many years in the New York City office of a large international law firm where he counseled large multi-national businesses, financial institutions, investment groups and individuals on highly sophisticated business, financial and real estate transactions. Matt provides his clients with diligent legal representation on their matters with a very personal approach.
"Working with Matt Bales (Bales & Bales, P.A. | Florida) on our corporate domestication to Florida was a wonderful experience. Matt demonstrated Professionalism, Patience, and Precision, complemented by Clarity, Commitment and Courtesy throughout the engagement. His responsiveness, attention to detail and practical approach made a complex transition feel remarkably seamless. A pleasure working with Matt, and I would gladly recommend him to anyone seeking thoughtful and dependable corporate legal counsel. CEO | Global Business & Technology Advisory Firm"
Jon F.
Hello! Interested in transactional and remote work. I primarily do real estate closings in northeast Georgia (I am ONLY LICENSED IN GEORGIA) but can also do other transactional matters from time to time. You have definitely heard of my litigation work -- now I'm happy on the transactional side!
"Jon was very patient and flexible when we decided to change directions. He was very helpful and accommodating."
May 7, 2024
Jalyn P.
The J. Parks Firm is a boutique law practice that primarily focuses on Business, Intellectual Property and Family Law Matters. We believe that each client's needs are unique and we work to tailor individualize solutions for you. Feel free to shoot us a message to see if we are a good fit for your legal needs.
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