Will Dixon, REALTOR® - THE OFFICE AROUND THE CORNER: A LEASING GUIDE

There are two aspects to this question: security and access. How tight is security when everyone leaves and is there a camera system? Then, how easy is it to access and get into when it is shut down? Team members may need to enter the building on weekends or late nights and it should be easy for them.

Is the lease assignable?

If you sell your business, the landlord may have the right to terminate your lease if you ask for an assignment. That means assigning the lease to the new business/owner. The landlord will often want to renegotiate the terms with the new assignee. You can request that the landlord remove this aspect of the lease so that in any situation, the new owner/company won’t get screwed over and have to sign a new lease or move. There will be provisions in it, however, if the tenant isn’t financially responsible.

Does the lease have an arbitration clause?

This clause in a lease lets each party settle a dispute through arbitration instead of going to court. Check the lease to see if the arbitration clause is mandatory. Also, make sure you have the right to select an arbitrator if the clause is agreed to.

Do you need a personal guarantee?

You usually need this in every lease. It would be extremely rare not to have to sign it. The guarantee is usually negotiable. The time you need for paying back the loan will depend on the situation.

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