Commercial Leases

Harris & Hilton assists both landlords and tenants with the negotiation, drafting and preparation of leases for commercial properties. Commercial leases often include lengthy, complex, and intense negotiations.  This process may involve the identification and discussion of various issues including:

  • The proposed parties to the lease
  • Term of the lease
  • Rental amounts
  • Payment of percentage rent
  • CAM charges and taxes
  • The identification of the leased premises
  • Landlord and tenant work to be performed
  • HVAC systems
  • Whether the landlord is delivering a cold dark shell or vanilla box
  • Repair and maintenance obligations
  • Option periods
  • Assignment and subletting
  • Parking easements
  • Guaranty agreements
  • Subordination and attornment provisions
  • Default and remedies

There are characteristics unique to different types of commercial leases that should be addressed. For example, a restaurant lease raises issues relating to health department code, grease trap compliance, handicap access, exterior signs, ABC permits, and hours of operation.  In comparison, a shopping center lease may entail issues regarding CAM charges, percentage rent, cross access parking, insurance, taxes, exclusive and restrictive use provisions, dark provisions, and occasionally water and sewer allocations.

Our attorneys can structure even the most complex real estate transactions.  Please contact us to assist you with the negotiation and structuring of the terms of your lease.