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From the archive · September 25, 2020

Tips for reviewing a commercial lease

A commercial lease can shape a business’s monthly costs, responsibilities, and options for years. Use this general checklist to identify terms that deserve careful review before signing.

Commercial lease basics

Read the lease as the operating rulebook

A commercial lease is more than a statement of rent. It is a binding agreement that can set expectations for the tenant and landlord, allocate operating costs, and establish procedures for resolving problems. A prewritten form may reflect the landlord’s priorities, so business tenants should understand every provision before accepting it.

For leases extending beyond one year, written terms are especially important. Legal review can help clarify responsibilities, renewal rights, remedies, insurance requirements, and other provisions that may become significant during the tenancy.

Small details can create meaningful expenses. For example, a lease should clearly address snow removal, parking-lot maintenance, sidewalk upkeep, utilities, repairs, and common-area services. If those duties are not allocated clearly, the tenant may face unexpected work or charges.

Compare the cost structure

Commercial leases use different methods for dividing rent and operating expenses. The label alone is not enough; the complete agreement should be reviewed to understand what the tenant will actually pay.

  • Gross lease: The tenant commonly pays an agreed base rent while the landlord covers many building expenses, such as utilities, common-area maintenance, janitorial services, repairs, property taxes, or insurance. The precise allocation varies, and tenants may still need liability coverage.
  • NNN, or triple-net lease: The base rent may be lower, but the tenant generally pays a share of property taxes, insurance, common-area maintenance, utilities, and other operating costs. In a multi-tenant property, some charges may be allocated proportionally by occupied area.

Budgeting should account for both fixed rent and expenses that may change over time. Ask how charges are calculated, when they are reconciled, whether increases are capped, and what records support the landlord’s calculations.

Bright commercial office interior with desks and windows

Before you sign

  • Confirm the full rent and expense schedule
  • Identify repair and maintenance duties
  • Review renewal, termination, and default terms
  • Ask questions about insurance and guarantees
A practical review checklist

Questions worth answering in writing

Occupancy and use

Does the permitted use match the business? Check restrictions, zoning assumptions, signage, parking, access, hours, and exclusivity provisions.

Costs and increases

Identify base rent, common-area charges, taxes, insurance, utilities, security deposits, late fees, annual increases, and reconciliation procedures.

Repairs and condition

Clarify who maintains structural elements, mechanical systems, interiors, snow removal, landscaping, and shared areas. Document the premises’ condition.

Term and renewal

Review the initial term, options to renew, notice deadlines, rent changes, relocation rights, and what happens when the term ends.

Transfer and exit

Check assignment, subletting, sale-of-business, early termination, default, cure periods, and personal-guarantee provisions.

Disputes and protection

Understand insurance, indemnity, dispute procedures, remedies, attorney-fee provisions, and any rights connected to interruptions or damage.

Keep the numbers visible

Separate predictable rent from variable exposure

A lease can look affordable when only the base rent is considered. Create a simple occupancy budget that lists every recurring and occasional charge, then test it against realistic changes in sales, utilities, taxes, maintenance, and shared-area costs.

What is the main difference between a gross and NNN lease?

A gross lease generally places more building expenses with the landlord in exchange for a higher or more predictable rent. A NNN lease generally passes more taxes, insurance, maintenance, and operating costs to the tenant. The actual allocation depends on the written agreement.

Who pays for snow removal and parking-lot maintenance?

There is no universal answer. The lease should state who performs the work, who pays vendors, how shared costs are allocated, and whether service standards or response times apply.

Should a business tenant have the lease reviewed?

Professional review can help identify unclear obligations, unfavorable defaults, renewal deadlines, guarantees, and cost provisions before they become difficult to change. This article is general information, not legal advice.

What should be included in a commercial lease budget?

Consider base rent, operating expenses, taxes, insurance, utilities, maintenance, improvements, deposits, legal or administrative charges, increases, and possible costs when the tenancy ends.

Can a landlord use a standard lease form without changes?

A standard form may be a starting point, but it still deserves careful reading. Business circumstances differ, and unclear or one-sided terms may need questions or negotiation before signing.

Continue your research

Use the checklist before making a commitment.

Commercial lease obligations can affect cash flow and business continuity. Organize the proposed terms, identify open questions, and seek advice suited to the agreement and your circumstances.