2022 Drafting Small Commercial Real Estate Leases

In small space leases, tenants are much more sensitive to the cost or reviewing and negotiating lengthy leases. Also, use restrictions in lengthier leases can unduly restrict a tenant’s ability to use the space to operate their business. Landlord rights and remedies in “short “form” leases tend to leave tenants with little flexibility and few remedies for landlord breaches. At the same time, landlords fear the instability and costs associated with small tenants. This program will provide you a real-world guide to reviewing a small commercial lease, including economics, use restrictions, subleasing, and remedies. 

•    Red flags in “short form” leases for small tenants
•    Ensuring “use” restrictions allow tenant to operate its business
•    Common area maintenance, taxes, insurance, fees and penalties 
•    Scope of landlord services to tenant – and landlord remedies 
•    Exit issues – “go dark” provisions, subletting, tail liability