WebCredenza 2024 Drafting small commercial real estate leases

Recording available after original program date, 5/21/2024

In small space leases, tenants are much more sensitive to the cost of 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 allows tenant to operate their 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.

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.

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.