Commercial Leases

A few weeks ago, I went to a discussion for small business owners and how to negotiate a lease. It was a little funny when they went around the room and all these people talked about their businesses and then they got to me and I said I was a landlord and tried to get some information. My family owns a three unit mixed use. So, the more knowledge about commercial tenants the better. I will highlight a few points:

1. Get the NYS Real Estate Board's lease form. It is heavily favored towards landlords.

2. Insist on a personal guaranty from the tenant even if the business is owned through a corporation.

3. Make tenant pay her fair share of taxes, inusrance and utilities. If you can get them to pay for the installation of a separate meter, go for it.

4. Require proof of liability insurance.

5. Require landlord approval of all construction and contractors.

6. Require tenant to get business interruption insurance.

7. No subletting without landlord consent.

8. Do not pay for any repairs.

9. Have an experienced lawyer negotiate lease if possible.