{"id":1650,"date":"2008-11-25T00:00:00","date_gmt":"2008-11-25T00:00:00","guid":{"rendered":"https:\/\/perlaw.ca\/2008\/11\/25\/should-i-worry-about-a-standard-commercial-lease\/"},"modified":"2019-07-23T16:28:46","modified_gmt":"2019-07-23T16:28:46","slug":"should-i-worry-about-a-standard-commercial-lease","status":"publish","type":"post","link":"https:\/\/perlaw.ca\/fr\/2008\/11\/25\/should-i-worry-about-a-standard-commercial-lease\/","title":{"rendered":"Should I worry about a \u201cstandard\u201d commercial lease?"},"content":{"rendered":"<p>Many start-up or smaller companies are often looking to lease retail, office or industrial type commercial space to operate their business.\u00a0 Some of these smaller companies are struggling to get ahead. In the difficult financial times that are among us, it is understandable that these companies may be looking for ways to save a few bucks.\u00a0 For instance, sometimes these companies try to save on the cost of having a lawyer review what has been presented to them as a \u201cstandard commercial lease\u201d prior to signing it.\u00a0 We real estate lawyers unfortunately see the result of this attempted savings much too often.\u00a0 Many of the \u201cstandard\u201d commercial leases contain certain \u201chidden items\u201d which although considered \u201cstandard\u201d, can come as quite a surprise to a freshly locked-in tenant.\u00a0 Unfortunately these surprises often occur during or towards the end of a lease term when it is too late to negotiate an alternative. Some of these hidden items come with hefty price-tags that many small tenants cannot easily absorb.<\/p>\n<p>The following is a summary of a few of the many hidden items which can be found in so called standard commercial leases:<\/p>\n<ol>\n<li><strong>Operating Costs<\/strong>. Net leases, although quite popular, are not as standard as they seem.\u00a0 The concept generally requires that the tenant cover most, if not all of the costs associated with the operation, maintenance and repair of a building in which it rents space, however, this can vary.\u00a0 For example, must the tenant pay for major structural repairs (such as foundations, walls or roofs?).\u00a0 If so, can the cost of these repairs be amortized over the lifespan of such capital items?\u00a0 Is the tenant aware of the \u201cmanagement fee\u201d (often 15%) being charged by the landlord when the landlord carries our certain repairs?<\/li>\n<li>\u00a0<strong>Tenant Improvements<\/strong>. At the end of a lease term, what is the tenant required to remove from the leased premises? Similarly, what items (such as fixtures or improvements) automatically become the property of the landlord upon installation, even if paid for by the tenant, and therefore cannot be removed by the tenant at any time? In what condition must the premises be left in? Do walls need to be patched, removed or repainted to their original colour?<\/li>\n<li>\u00a0<strong>Parking<\/strong> . How many parking spaces is the tenant or its customers permitted to use, and is this at an extra cost?\u00a0 This issue often leads to disappointment for tenants.<\/li>\n<li><strong>Re-measurement of the Premises<\/strong>. Can the size of the leased premises be re-measured by the landlord?\u00a0 If so, when does this take place and how does this affect the rent?\u00a0 In most commercial leases, rent is calculated on a per square foot basis.\u00a0 Once tenant improvements have been completed (typically at the beginning of the lease term) and walls have been removed or replaced, the landlord often reserves the right to re-measure the premises and adjust the rent accordingly.\u00a0 Yes, this could mean an unexpected increase in rent!<\/li>\n<li><strong>Options to Renew.<\/strong>\u00a0 If the lease contains an option to renew in favor of the tenant, typically the tenant must exercise this option anywhere between 6 and 12 months prior to the end of the term.\u00a0 If the tenant fails to notify the landlord of this option, the tenant loses its right to renew and the landlord is free to rent the premises to a third party.<\/li>\n<\/ol>\n<p>These are only a few of the hidden items that can be found in what many smaller companies might assume is a \u201cstandard\u201d commercial lease. Most often, there are others. It is therefore important to have a commercial lease reviewed prior to signing it.\u00a0 That doesn\u2019t mean that these hidden items are unfair or that an experienced lawyer could negotiate out of them. However, being advised of these hidden items at the outset of a lease term can often significantly reduce a tenant\u2019s exposure to large unexpected expenses that are not part of a tenant\u2019s operating budget. By having an expert review your documents at the outset, you can ensure a smoother operation of your day-to-day business.<\/p>\n<hr \/>\n<p><em>Martin St-Onge s a member of the Real Estate Law Group at Perley-Robertson, Hill &amp; McDougall LLP \/ s.r.l.\u00a0 Martin can be reached at 613.566.2807 or <a href=\"mailto:mstonge@perlaw.ca\">mstonge@perlaw.ca<\/a>.\u00a0<\/em><\/p>\n<p><strong>This article was originally published in the November 25, 2008 edition of the Ottawa Business Journal. <\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Many start-up or smaller companies are often looking to lease retail, office or industrial type commercial space to operate their business.\u00a0 Some of these smaller companies are struggling to get ahead. In the difficult financial times that are among us, it is understandable that these companies may be looking for ways to save a few [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"wds_primary_category":0,"wds_primary_expertise_area":0,"footnotes":""},"categories":[161],"tags":[],"class_list":["post-1650","post","type-post","status-publish","format-standard","hentry","category-publications"],"acf":[],"_links":{"self":[{"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/posts\/1650","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/comments?post=1650"}],"version-history":[{"count":1,"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/posts\/1650\/revisions"}],"predecessor-version":[{"id":2884,"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/posts\/1650\/revisions\/2884"}],"wp:attachment":[{"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/media?parent=1650"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/categories?post=1650"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/perlaw.ca\/fr\/wp-json\/wp\/v2\/tags?post=1650"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}