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October 16, 2013 THE VILLADOM TIMES II • Page 9
Negotiate a commercial lease that works for you
Leasing commercial space is a fact of
life for many business owners. The expense
of commercial leasing is considerable, but
cost is not the only factor to consider when
leasing a commercial space. The following
are a few tips for business owners when
negotiating a commercial space lease.
Enlist some professional help. While
seasoned business owners may be able to
negotiate their commercial lease on their
own, new business owners often benefit
from the services of real estate brokers
and real estate lawyers. Real estate law-
yers can negotiate a lease, explaining key
terms and conditions that may prove con-
fusing to first-time business owners. Real
estate brokers can help find the right loca-
tion, and many brokers have a long working
history with landlords. Such relationships
can make the process easier, and they also
can benefit business owners looking for the
best possible location for their businesses.
Real estate brokers often get first choice at
the most desirable locations, so teaming up
with an established real estate broker can
increase the chances of landing a desirable
property. Emphasize affordable renewal options.
The length of commercial leases favored
by small businesses is often similar to the
length of a lease on a private residence.
Though the language might be more com-
plex than that of a private residence lease,
the length of a commercial lease agreement
is typically one to two years. But business
owners must be diligent regarding renewal
options and the cost of such renewals.
Come the end of a lease, no one wants to
be met with a considerable and unexpected
hike in rent. Work to get the most favorable
renewal options possible so more of the
operating budget can go into products and
not toward the lease.
Pay attention to extra fees. Many com-
mercial leases include fees in addition to
the monthly rent. Maintenance fees are
common, and there may even be a separate
set of maintenance fees when sharing com-
mercial space. When negotiating a lease,
ask to see a list of the costs and fees current
tenants typically incur each month. When
discussing maintenance fees, confirm who
must pay for less routine maintenance, such
as HVAC or plumbing repairs, and be sure
to get such information included in the
lease. When discussing such fees, inquire
about utility costs as well. Utilities are often
the responsibility of the tenant, but it still
behooves business owners to confirm who
will be paying the monthly utilities.
Negotiate an exclusivity clause. Busi-
ness owners often don’t want their competi-
tors to move in across the street, and they
certainly don’t want them to move into the
same building. Negotiating an exclusivity
clause into a lease can help protect a busi-
ness. Such clauses prevent landlords from
leasing other spaces on the property to a
business owner’s competition.
Carefully read the default language.
Before signing a commercial lease, business
owners must familiarize themselves with
the default language therein. Determine
what happens if they default on the lease,
including if they will be locked out upon the
first missed payment and if the landlord will
immediately initiate eviction proceedings
in such instances. Many commercial leases
also include language stating that tenants
are responsible for any legal fees landlords
accrue in the case of a default. Though it
might be difficult to negotiate the default
language in a lease, business owners should
still know that language prior to signing a
lease.