Most people do not like surprises when it comes to their businesses. For this reason, it would be beneficial to address as many adverse situations as possible in a commercial lease. Potential renters here in Orange County and elsewhere may want to make sure certain issues are discussed and included in the final document.
For example, the landlord should not be able to come in to make improvements or repairs during operating hours. These types of interruptions would most likely have a negative effect on the business. The parties should schedule any routine repairs or improvements before or after business hours unless there is an emergency that requires immediate attention.
It would be advantageous to negotiate the right to assign the lease or sublet the space. Situations can change drastically and quickly and having this flexibility could end up saving the landlord and tenant money in the long run. This type of provision may not appear in the “form” lease the property owner may supply at the beginning of the negotiation process. The same could be said about provisions regarding the renewal of the lease. It is usually less costly for both parties to renew the lease instead of starting over again in finding a property or finding a tenant.
These are just two provisions that could enhance a tenant’s experience and enjoyment of the space. Other provisions may do the same, but it may be a challenge to identify other needs without help. Consulting with an attorney experienced and knowledgeable in commercial lease provisions could mean ending up with a more comprehensive document that addresses as many potential points of contention as possible. Doing so could prevent costly and time-consuming disputes.