Commercial Leases

A commercial lease is an agreement for the rental of commercial property. Commercial property is any property that is located in an area that is zoned for commercial use. Commercial property typically may only be used for commercial (work) purposes and not for residential or other purposes.

Commercial vs. Residential Leases

Commercial leases are similar to residential rent leases in that the property owner or the "landlord" allows a "tenant" to rent the property in exchange for rent money. The terms of the lease are contained in the lease agreement which specifies items such as the amount of rent and the duration of the lease.

Commercial leases are very different from residential leases in many respects. First of all, as mentioned, the premises may only be used for business purposes, and the terms in the lease agreement will usually reflect this.

They also differ from residential leases in that they tend to be for a longer duration than residential leases. Tenants (which are usually business people or merchants) will also have various expenses and costs, and may have to install fixtures. This can lead to more restrictions on the use of the property. A commercial lease is generally more formal and more difficult to get out of than a residential one.

Provisions and Terms Contained in the Commercial Lease

The lease is the main point of interaction between the commercial landlord and tenant. At the very least, a commercial lease needs to contain the following basic information:

Additional Lease Terms

The above terms will make the lease valid and enforceable if signed and documented. Landlords and tenants may also wish to address the following provisions in negotiating the lease:

The more specific and detailed you are in the lease agreement, the better it is in the long run. Be sure to know exactly what you want, and be able to anticipate changes in the future.

Provisions that May Not be Included in the Lease

Pursuant to Federal law, landlords are prohibited from including certain provisions in any commercial lease agreements:

Drawbacks and Benefits of Commercial Leases

Commercial leases can present a risk because commercial zoning is different in every city and county. Zoning laws are also subject to frequent changes, and the lease should be flexible enough to anticipate such changes.

Commercial leases tend to offer less consumer protections for tenants, because there is no such thing as a standard lease agreement for commercial property. Make sure your commercial lease is in writing and contains the specific provisions unique to your business.

However, commercial leases are beneficial because they can save the business owner money by allowing them to rent rather than purchase an entire property. For some business owners, leasing may be the only financial option available to them. Also, landlords retain responsibility over certain duties regarding the land, such as maintenance and repairs. Finally, commercial leasing presents more opportunities to find ideal business locations.

Points to Remember

Whether you are a landlord or a potential tenant, commercial leases must be very specific since they deal with a business use rather than personal, residential use. Consider the following in negotiating a lease: