TELESEMINAR: Small Commercial Leases: Negotiating and Drafting Issues – A National Perspective
February 12, 2014
12:00 – 1:00 p.m.
1.00 MCLE hours
Small commercial space leases – for offices, retail locations, warehouses – are unlike big leases. Tenants are much more sensitive to the cost or reviewing or drafting, and negotiating lengthy leases. The panoply of tenant use restrictions in lengthier leases tend to suffocate the ability of smaller tenants to operate their businesses. Landlord rights and remedies in “short “form” leases tend to leave tenants with little flexibility and few remedies against landlords. At the same time, landlords fear the instability and costs associated with small tenants. This makes focusing on the economic essentials important to landlords and the operating essentials important to tenants in small leases very important. This program will provide you a real world guide to drafting or reviewing a small commercial lease, including economics, use restrictions, subleasing, and remedies.
- Issues in reviewing and drafting for small commercial space leases
- 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
Mark A. Senn, Senn Visciano Canges P.C, Colorado