Commercial Leasing

Commercial Leasing Services

Lease Drafting & Negotiation

• Preparation and negotiation of landlord and tenant lease agreements for office, restaurant, retail, industrial, mixed-use, and ground lease properties
• Negotiation of essential terms, economic provisions, and remedies
• Permitted use clauses, exclusivity provisions, signage rights, and co-tenancy considerations
• Renewal and extension options, security deposits, rent commencement, and escalation structures
• Assignment and sublease rights, including consent standards and continuing liability

Well-negotiated leases create clarity, protect economic and operational interests, and reduce ambiguity that can lead to disputes.

Lease Review, Interpretation & Risk Assessment

• Evaluation of lease provisions for clarity, enforceability, and practical business impact
• Identification of ambiguous language that may expose landlords or tenants to avoidable risk
• Review of repair obligations, default and cure provisions, termination rights, and enforcement remedies
• Assessment of escalation clauses, CAM language, and expense pass-through provisions
• Suggestions for protective, balanced, or tenant-friendly revisions depending on client objectives

We help clients understand the implications of proposed lease language before signing or taking action under an existing lease.

Rent Structures, Operating Expenses & CAM Review

• Base rent, percentage rent, and hybrid rent structures
• Common Area Maintenance (CAM) allocation and operating expense pass-through language
• Audit rights, documentation review, and expense reconciliation procedures
• Rent escalation triggers, CPI adjustments, benchmarks, grace periods, and late fee language
• Disputes or questions involving operating expense calculations and escalation clauses

Clear financial terms reduce the likelihood of unexpected costs and long-term financial exposure.

Tenant Improvements, Build-Out & Occupancy Conditions

• Documentation of tenant improvement allowances and permitted uses of allowance funds
• Construction obligations, delivery deadlines, and allowance disbursement schedules
• Punch list, acceptance, occupancy, and performance trigger procedures
• Conditions for reimbursement, lien protection, retainage, and required documentation
• Co-tenancy clauses and occupancy-related protections for retail and multi-tenant settings

Clear build-out language helps prevent disputes during occupancy transitions and protects budget and schedule expectations.

Assignment, Sublease, Expansion & Portfolio Rights

• Structuring tenant assignment and subleasing permissions
• Landlord consent requirements, approval standards, indemnity, and rent-sharing provisions
• Expansion, contraction, relocation, and renewal rights within multi-site or multi-tenant portfolios
• Contractual protections for franchise, government contractor, and multi-location tenants

Scalable lease terms can support long-term growth strategies and reduce friction as business needs change.

Lease Restructuring, Workouts & Transitions

• Lease modification agreements and amendments
• Rent deferral, restructuring, and workout negotiations
• Early termination agreements, surrender agreements, and space reduction strategies
• Practical planning for distressed, transitional, or changing business circumstances

In transitional situations, negotiated solutions can preserve value and reduce disruption for both landlords and tenants.

Compliance, Insurance, Indemnity & Enforcement Planning

• Insurance requirement drafting, including liability, property, umbrella, and business interruption coverage where appropriate
• Additional insured status, waivers of subrogation, and indemnification provisions
• Tenant and landlord compliance with ADA, accessibility, zoning, and regulatory obligations
• Default and cure procedures, termination planning, and enforcement strategy
• Risk allocation designed to reduce post-lease exposure and operational disruption

Sound compliance and risk-management provisions help clients address issues before they become costly disputes.

Who We Represent

Our Commercial Leasing practice serves:

• Commercial property owners, developers, investors, and real estate investment groups
• Retail and shopping center landlords, office building operators, and property managers
• Industrial, warehouse, logistics, and mixed-use property owners and managers
• Office, restaurant, retail, industrial, and institutional tenants
• Franchise and multi-location businesses
• Professional service firms, consulting firms, and corporate headquarters users
• Government contractors leasing commercial space
• Healthcare facilities, medical practices, and institutional tenants
• Hospitality, entertainment, and restaurant businesses

We represent both landlords and tenants, offering balanced insight into negotiation dynamics across large and small leasing matters. We tailor lease structures to specific industry, asset-class, and business needs.

Industries Served

We advise clients leasing space in sectors including:

• Retail, restaurant, hospitality, entertainment, and franchise operations
• Office, corporate headquarters, professional services, and consulting facilities
• Industrial, warehouse, logistics, and flex properties
• Healthcare, medical, and institutional facilities
• Government contractor, non-profit, and professional organization offices
• Mixed-use, multi-tenant, and shopping center developments

Industry awareness strengthens negotiation leverage, informs permissible uses and compliance requirements, and supports practical lease structuring.

Commercial Leasing FAQs

What is the difference between commercial and residential leases?

Commercial leases are negotiated contracts between businesses and property owners. They typically involve fewer statutory protections than residential leases and rely heavily on the specific terms negotiated by the parties.

What key terms should tenants negotiate in a commercial lease?

Tenants should focus on rent structure, CAM and operating expense caps, renewal and expansion options, permitted use, signage and exclusivity rights, assignment and sublease terms, default provisions, and tenant improvement allowances.

How do Common Area Maintenance (CAM) charges work?

CAM charges are expenses for shared property areas that a tenant may be required to pay as allocated by the lease. Careful review of what is included, how charges are calculated, and whether audit rights or caps apply helps prevent unexpected costs.

Can landlords increase rent during a lease term?

Rent increases are governed by the lease agreement. Many commercial leases include escalation clauses tied to fixed increases, CPI adjustments, percentage rent, or other negotiated benchmarks.

What is a tenant improvement allowance?

A tenant improvement allowance is a negotiated amount of funding provided by a landlord for leasehold build-outs. The lease should define disbursement procedures, acceptable uses, timelines, lien protections, documentation requirements, and reimbursement conditions.

Can a tenant sublease its space?

Subleasing is generally allowed only if the lease permits it and often requires landlord consent. The lease should define approval rights, consent standards, rent-sharing, indemnity, and continuing liability after the sublease.

What is a co-tenancy clause?

A co-tenancy clause allows a tenant, often in a retail setting, to reduce rent or terminate a lease if key tenants or anchors vacate a property or if agreed occupancy thresholds are not met.

What types of insurance should be required in a commercial lease?

Typical requirements include commercial general liability, property and casualty, umbrella liability, and sometimes business interruption insurance. The lease should also address additional insured status, waiver of subrogation, and coordination between landlord and tenant policies.

Can commercial lease disputes be resolved without litigation?

Yes. Many lease disputes can be resolved through negotiation, mediation, lease amendments, workouts, or surrender agreements. Clear contract language and early legal involvement increase the likelihood of an efficient resolution.