lease agreement
 
Renting commercial space is a big financial commitment. Before you begin negotiating a commercial lease, you should know the difference between the residential lease. It is also important to know and understand the basic terms of the lease, such as the amount of rent, the length of the lease and the layout of the physical space.
Important Difference between Commercial and Residential Leases

  • Commercial leases are not subject to most consumer protection laws that govern residential leases — e.g.,  no caps exist on security deposits or rules protecting a tenant’s privacy.
  •  Many commercial leases are not based on a standard form or agreement; each commercial lease is customized to the landlord’s needs. As a result, it is important to review every commercial lease.
  • You cannot easily break or change a commercial lease. There is normally a lot of money involved.
  • Commercial leases are generally subject to much more negotiation between the business owners and the landlord. This is so because businesses often need special features in their spaces, and landlords are often willing to make unique offers in special circumstances.

Important Lease Terms
Take a careful look at the terms that include:

  • the length of lease, when it begins and whether there are renewal options;
  • rent, including allowable increases (also called escalations) and how they will be computedwhether the rent you pay includes insurance, property taxes, and maintenance costs (called a gross lease); or whether you will be charged for these items separately (called a net lease);
  • the security deposit and conditions for its return exactly what space you are renting (including common areas such as hallways, rest rooms, and elevators) and how the landlord measures the space (some measurement practices include the thickness of the  walls);
  • whether there will be improvements, modifications (called build outs when new space is being finished to your specifications), or fixtures added to the space; who will pay for them, and who will own them after the lease ends (generally, the landlord does)
  • specifications for signs, including where you may put them;
  • who will maintain and repair the premises, including the heating and air conditioning systems;
  • whether the lease may be assigned or subleased to another tenant;
  • whether there’s an option to renew the lease or expand the space you are renting;
  • if and how the lease may be terminated, including notice requirements, and whether there are penalties for early termination, and
  • whether disputes must be mediated or arbitrated instead of going to court.

Americans with Disability Act
Make sure you negotiate who (The Landlord or Tenant)  is going to pay for making the space compliant with this act. (This could be costly.)
Call 443-494-9775 with any questions on your commercial lease.