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Updated over 9 years ago on . Most recent reply

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Joshua Dorkin
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Acceptable protocol on a commercial lease

Joshua Dorkin
#2 Questions About BiggerPockets & Official Site Announcements Contributor
  • BiggerPockets Founder
  • Maui, HI
Posted

Hey all - I wanted to get some feedback regarding commercial leases. We're shopping for office space and recently received a lease. After reviewing it with my attorney we redlined the documents and sent it back to the landlord. The response I got from the agent representing the landlord was curt, suggesting that the LL was 'not pleased' with our diligence.

Am I missing something here? Isn't it our duty to review documents thoroughly?

Perhaps I'm not the right guy to have as a tenant given that I can see through extremely one sided lease terms?

Just curious what others think here...

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Bill Gulley#3 Guru, Book, & Course Reviews Contributor
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Bill Gulley#3 Guru, Book, & Course Reviews Contributor
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Replied

Have no idea Josh, what did you red line? You know you gotta pay rents.......LOL

A larger office complex will be much different than a single building.

Common areas can be an issue as to maintenance, who controls the HVAC? Do you have folks there 24/7, any security issues? 

Indemnification agreements are common, security deposits may be or include offsets, assignments of bonds, insurance, receipts, etc. such usually in a larger complex.....how many sq ft are you looking at? 

Office should not be that complicated, you'll have the infill and may have the outside depending again what you're looking at. Existing office space is usually ready to go, just move in. 

What were your concerns? It would be easier to address those as being common aspects or not. 

Certainly it will be slanted toward the owner and PM, having your attorney review I'd look more to what might be enforced rather than what they require, penalties are negotiable, insurance is as well, equipment and fixtures might be as well. Additional fees and escalation clauses are negotiable too. 

You might not be the best tenant, then again, they may not be the best landlord!

Besides, I'd bet that you could hold off and make do, until you could get your own building built, Apple doesn't lease, neither does Verizon! Build your own place! You don't need a high traffic commercial location, a really nice barn would probably do you, buy a resort, great place for meetings, LOL.   

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