Commercial Lease Basics: Key Terms and Drafting Considerations for Landlords and Tenants, Pitfalls to Avoid
Recording of a 60-minute premium CLE video webinar
This CLE webinar will provide an introduction to negotiating and drafting commercial leases. The panel will provide pre-drafting considerations, such as selecting the proper lease structure. The panel will then address what provisions should be included in a commercial lease, why those provisions are important, and how the terms may differ based on the priorities of the landlord or tenant.
Outline
- Pre-drafting considerations
- Key commercial lease provisions
- Parties
- Property description
- Use clause
- Term of the lease
- Rental payments
- Maintenance
- Improvements or repairs
- Subletting or assignment
- Dispute resolution
- Others
- Paying attention to "boilerplate" terms
- Practitioner takeaways
Benefits
The panel will discuss these and other key considerations:
- What are pre-drafting issues that counsel should consider and how do these affect the terms of the lease?
- What provisions are required for commercial leases?
- What are the dangers of using boilerplate clauses?
- How do terms differ based on whether the client is the landlord or the tenant?
Faculty
Julian Freeman
Partner
Cox Castle & Nicholson
Mr. Freeman specializes in all aspects of commercial real estate. He is recognized within the real estate... | Read More
Mr. Freeman specializes in all aspects of commercial real estate. He is recognized within the real estate community as a skilled and efficient dealmaker with a particular emphasis in the commercial leasing arena. His practice focuses on acquisitions and dispositions, development, joint ventures and management of real estate assets, and office, industrial and retail leasing. Mr. Freeman represents national and regional office and industrial landlords, major office and industrial tenants, and regional shopping center owners. Since 2007, he has drafted and negotiated leases and lease amendments for more than 20 million square feet of office, industrial and retail space located throughout the U.S., including the largest annual office lease in Orange County three times: in 2014 (191,000 feet), 2020 (260,000 feet) and 2021 (640,000 feet). Notably, the 640,000-square-foot office lease he completed in 2021 was one of the largest office leases in the history of Orange County.
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Corin M. Korenaga
Partner
Cox Castle & Nicholson
Mr. Korenaga’s practice is focused on acquisitions, dispositions, leasing, and merger and acquisition deals... | Read More
Mr. Korenaga’s practice is focused on acquisitions, dispositions, leasing, and merger and acquisition deals across real estate product types and nationally. He represents real estate owners, developers, and investors, as well as landlords and tenants of office, industrial, retail, and medical office properties. He has particular expertise in representing homebuilders nationally. Mr. Korenaga also represents landlords and tenants in negotiating sophisticated office, industrial, retail, medical office, and ground leases. He serves as the lead attorney for leasing, tenant disputes, lease workouts, and other day-to-day operational matters at several major developments throughout California. During his time at the firm, Mr. Korenaga has routinely handled in excess of 1.5 million square feet of leasing-related transactions annually.
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