mallonbuilding.jpg

Commercial Leases: Top Ten Things to Look Out For as a Tenant

Nov 05, 2013

By Craig T. Watrous 

Commercial leases often last for many years, even for decades. The space your business rents is the backbone for your company's operations.  It’s critical to fully understand and negotiate the terms and conditions of your commercial lease so that your company has the flexibility and certainty it needs to do business without interuption or unnecessary risks. 

Commercial leases in Colorado are often long, complicated legal documents, heavily sided in favor of the landlord.  Commercial leases often lack pro-tenant rights and protections typically found in residential leases  The following is by no means a complete opinion on commercial leases, but every tenant should carefully consider these ten issues prior to entering into a commercial lease: 

  1. Term and description of the leased premises
  2. The commercial Landlord’s obligations regarding the premises, building, and common areas.
  3. How is the rent calculated and what is included in the rent
  4. Inclusions in common area expenses - how these expenses are calculated and the commercial Tenant’s accounting and audit rights of the same
  5. Tenant's remedies for the Landlord’s default under the lease (often these have to be negotiated as usually none are present at the outset)
  6. Landlord's remedies for the Tenant’s default under the lease and the Tenant’s right to cure its defaults
  7. What happens upon the total or partial destruction, casualty or condemnation of the leased premises, building, and/or common areas and how is such destruction, casualty or condemnation defined
  8. Parking: location, space, and adequacy for both customers and employees
  9. Landlord representations and warranties
  10. Indemnifications

(Mallon & Lonnquist, LLC, is a real estate, business, employment, and litigation law firm. Craig T. Watrous is a Colorado real estate attorney with Mallon & Lonnquist, based in Denver, Colorado. Craig regularly represents clients on both sides of commercial leases, both tenants and landlords. Craig can be reached at cwatrous@mallon-lonnquist.com.)



View Craig Watrous's profile on LinkedIn

 




Category: M&L Legal Posts

Category List


Tag List

ABA Article (1)
Construction Contracts (5)
Resolving Business Disputes (1)
CO Ski and Snowboard Gear Recall (1)
Research (1)
Tax (2)
Denver Colorado Business Attorney (9)
(33)
Legal Services (1)
Co-Ownership Agreement (1)
Denver Business Journal (2)
Spanish Legal Services (7)
Real Estate Law Firm (3)
Employment Law (1)
ABA (1)
Finance Law (2)
Litigation (15)
indemnifications (2)
Colorado at-will employment (1)
Skiing Gear (1)
CO Attorney Mentoring Program (1)
Leases (6)
Denver arbitration (1)
Colorado Wrongful Death (1)
Business (1)
Estate Planning (4)
Labor (3)
subcontractor negotiations (2)
Non-Solicitation (1)
Denver Broncos (1)
Wrongful Death Settlement (1)
Colorado Lis Pendens (1)
Overtime Wages (2)
Colorado Courts (2)
News and Updates (2)
Mechanic's Liens (1)
Estate (4)
Taxes (2)
Spanish Speaking Lawyers Committee (1)
Colorado Construction (1)
Employment (4)
Spanish Business Law (9)
Colorado Foundation for Water Education (1)
Colorado Enforcement of Non-Compete (2)
Non-Compete (2)
cyber security (3)
Enforcing Non-Solicitation Agreement (1)
Alternative Dispute Resolution (5)
Cell Tower Leases (1)
Non-Compete, Colorado non-compete restrictions, enforcing non-compete, protecting Colorado business (1)
Leasing Standard (1)
Colorado Hispanic Bar Association (1)
Mergers & Acquisitions (5)
Helmet Recall (1)
Wills (1)
Colorado Spanish Legal Services (1)
Business Contracts (2)
Commercial Property (2)
Cherry Creek Chamber of Commerce (1)
Data Breach Settlement (1)
Stock Options (1)
Denver Sustainable Law Firm (1)
Denver Real Estate (1)
Reed Morris (1)
Colorado attorney mentor (1)
Colorado Employment (20)
County Court (1)
Our Courts Colorado (1)
Colorado Real Estate (11)
American Bar Association (2)
Panelist (1)
attorney-client privilege (2)
Lease Negotiations (1)
Corporate Law (8)
Non-Solicitiation (1)
Business Services (2)
St. Anthony, Minnesota (1)
Construction Bond Claims (2)
Credit Card Data (1)
Construction (6)
Real Estate (4)
Arbitration (2)
cause for termination (1)
Incentive Plans (1)
Master Services Agreement (2)
LLC Law (3)
Colorado Retail Leasing (1)
courts (1)
Data Breach (2)
Colorado business disputes (1)
Colorado Business (56)
Certifiably Green Denver (1)
Commercial Real Estate (2)
Landowners (1)
Denver Business Law (1)
Community (29)
Ethics (1)
Trade Secrets (6)
Property Surveys (1)
Colorado LLC (1)
Estate Protection (2)
Non-Competition Agreements (12)
Colorado Judicial Institute (1)
CO Business Non-Solicitation Restrictions (1)
Phantom Stock (1)
Non-Disclosure (1)
Snowboard Gear (1)

Archive