Checklist

In our years of experience, we have seen many different versions of commercial leases. Some are drafted to favor the landlord or the tenant. Some are a mix of copy and pasted provisions taken from Google searches. With all the different versions of leases out there, what should be a commercial lease? 

Here is the checklist that we use. 

  • Definitions
  • Description of the premises
    • Legal description
  • Description of the improvements
    • Existing
    • To be built
  • Rent
    • Base
    • Additional rent
  • Permitted uses
  • Utilities
    • Who pays for them
    • Liability for interruption of service
  • Insurance
    • General liability
    • Property insurance
    • Worker's compensation insurance
    • Types of policies
  • Environmental considerations
    • Hazardous substances
    • Audits
    • Indemnification against environmental issues
  • Obligations of the tenant
    • Compliance with laws
    • No waste or nuisance
    • Maintenance
    • Alterations
    • Payment of taxes and assessments
    • Landlord access
    • Encumbrances
    • Assignment and subletting
    • Signs and advertising
    • Sounds and lights
    • Subordination
  • Obligations of the landlord
  • Damage and destruction of the premises
  • Condemnation of the premises
  • Indemnification
  • Default by tenant
  • Landlord's remedies
  • Landlord's limitation of liability
  • Surrender of the premises and holdovers
  • Miscellaneous clauses
    • Attorney fees
    • Authority of signors
    • Binding effect
    • Broker's fees
    • Entire agreement
    • Exhibits
    • Force majeure
    • Governing law and venue
    • Joint and several liability
    • Memorandum of lease
    • Waiver
    • Light, air or view easements
    • Notices
    • Mediation and arbitration
    • Relationship of the parties
    • Severability
    • Survival
    • Interpretation
    • Time is of the essence
    • Waiver of jury trial
  • Exhibits
  • Deleted text