Tenant Representation: Leveling the Playing Field

Most commercial leases are drafted by landlords, for landlords. Without experienced counsel reviewing and negotiating on your behalf, you're signing a contract designed to protect someone else's interests—not yours.

Tenant representation ensures you understand what you're signing, negotiate fair terms, and protect your business from unnecessary risk.

Why Tenants Need Legal Representation

Commercial landlords negotiate leases regularly. They have standardized forms developed with the help of attorneys, and they know exactly which provisions protect their interests.

Most tenants, by contrast, sign a commercial lease only a few times in their business lifetime. This experience imbalance puts tenants at a significant disadvantage.

How We Help Tenants

Lease Review and Explanation

We translate complex lease language into plain English so you understand exactly what you're agreeing to:

• Total cost of occupancy over the lease term
• Your maintenance and repair obligations
• Restrictions on how you can use the space
• Your liability exposure, including personal guarantees
• Your options for renewal, expansion, and exit

Strategic Negotiation

We identify provisions that should be changed and negotiate on your behalf:

Document Finalization

We review the final lease to ensure all negotiated terms are properly documented. Verbal agreements that don't make it into the lease are worthless.

Key Issues for Commercial Tenants

Understanding Total Occupancy Cost

Base rent is just the beginning. Your actual cost includes:

• Operating expense pass-throughs (CAM, taxes, insurance)
• Utilities and services
• Annual escalations
• Parking fees
• After-hours HVAC charges
• Administrative fees

We help you understand and negotiate these costs before you commit.

Personal Guarantee Protection

Landlords often require business owners to personally guarantee the lease. Without negotiation, this can mean:

• Unlimited liability for the entire lease term
• Continuing liability even after you vacate
• Exposure for tenant improvements and restoration costs

Maintaining Business Flexibility

Your business needs may change during the lease term. We negotiate provisions that preserve your options:

• Assignment rights: Ability to transfer the lease if you sell your business
• Sublease rights: Option to sublease excess space
• Early termination: Exit options if business conditions change
• Renewal options: Rights to extend at known or fair terms
• Expansion rights: First offer on adjacent spaces

Protecting Your Operations

Your lease affects how you can run your business:

• Use clause: Ensure it's broad enough for current and future operations
• Hours of operation: Access when you need it
• Signage rights: Visibility for your business
• Alteration rights: Ability to modify the space as needed
• Exclusivity: Protection from direct competitors in the property

The Tenant Representation Process

1. Initial Consultation

We discuss your business needs, timeline, and concerns. We explain the lease review process and what to expect.

2. Lease Analysis

We review the lease document thoroughly, identifying problematic provisions and areas for negotiation.

3. Issue Summary

We provide you with a clear summary of concerns and recommended changes, prioritized by importance.

4. Negotiation

We can negotiate directly with the landlord's representative or support you in negotiations with strategic advice and document preparation.

5. Final Review

Before you sign, we verify that all negotiated terms are accurately reflected in the final document.

When to Engage Tenant Representation

The best time is before you sign a Letter of Intent (LOI). Key business terms established in the LOI become the baseline for lease negotiation.

If you're past the LOI stage, engage counsel before signing the lease. Even if some terms are locked, there are usually provisions in the full lease that weren't addressed in the LOI.