2022 Drafting Small Commercial Real Estate Leases

Original program date 5/24/2022

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 

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for GAL Certification, ethics, elimination of bias or Kansas credit.