Alderstone Legal

Real Estate

Reading a commercial lease: seven clauses to slow down on

A commercial lease is a long commitment, and the terms that shape your costs and flexibility are rarely the ones printed in bold. Before you sign, these provisions deserve a careful second read.

Seven clauses to slow down on

  • Rent escalation. Understand how and when rent increases — fixed steps, an index, or a market reset each renewal.
  • Operating expenses and CAM. Know what you are sharing, whether there is a cap, and how the landlord calculates your portion.
  • Assignment and subletting. If your needs change, can you transfer the space, and on what conditions?
  • Maintenance and repair. Draw a clear line between your obligations and the landlord’s, especially for building systems.
  • Renewal options. Confirm the notice window and how renewal rent is set before you rely on staying.
  • Personal guaranty. A guaranty can outlast the lease term. Look for a cap or a burn-off after a period of good standing.
  • Default and cure. Check how much notice you get and how long you have to fix a problem before consequences follow.

Most of these are negotiable, and small changes early are far cheaper than disputes later. If a clause is unclear, that is usually the signal to ask about it, not to move past it.