Business Law

Reading a Commercial Lease Before You Commit

A commercial lease can outlast the business plan it supports. Review these terms before you sign for space in Columbus.

The short answer

Before signing a commercial lease, confirm the true total cost (base rent plus shared charges), the length and renewal terms, who repairs what, and how you can exit if the business changes. Those four points decide whether the space helps or hurts you.

What does a commercial lease really cost?

Base rent is only part of the bill. Many Columbus leases pass through taxes, insurance and common-area maintenance, and those charges can rise every year. Ask for two years of history on shared costs and a cap on annual increases.

"Negotiate the exit before you negotiate the paint color."Walter Penn, Business Counsel

Who repairs what, and how do you get out?

Repair duties should be spelled out system by system: roof, structure, heating and cooling, plumbing and parking. Build-out allowances need an amount and a deadline in writing, and the exit terms deserve as much attention as the rent.

TermTenant-friendly version
Rent escalationFixed yearly increase, stated in the lease
MaintenanceLandlord handles roof, structure and major systems
Build-outAllowance amount and deadline in writing
AssignmentConsent not unreasonably withheld
Early exitTermination option after a set year, with a known fee
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Shared charges for taxes and common areas can rise every year. Ask for two years of history.

What should you do this week?

  1. Request the full lease earlyRead every exhibit, including rules and maps.
  2. Compare two spacesPut total costs side by side over five years.
  3. Negotiate in one roundSend a single, organized list of changes.

What are the key takeaways?

  • Calculate total cost, not just base rent.
  • Get repair duties spelled out by system.
  • Secure a right to assign or sublease.
  • Ask for an early termination option.

What else do readers ask?

Sometimes it cannot be avoided, but you can often limit it to a dollar amount or a period of time.

A short summary of key terms signed before the lease. It is usually not binding, but it sets expectations.

Many leases allow it only with consent. Ask for language saying consent will not be unreasonably withheld.

What is the bottom line?

A lease review costs far less than a bad lease. Bring the draft to counsel before the landlord’s deadline, not after.

Related practice: Real Estate & Land UseHow we handle these matters, what they cost and what to bring.

By Walter Penn, Business Counsel. This article is general information about Ohio law, not legal advice for your situation, and reading it does not create an attorney-client relationship. Aldridge Penn Law is a fictional demonstration firm.

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