DGAA bLAWg

Issues in Commercial Leases

Web Admin - Tuesday, April 07, 2015

commercial leases in Illinois, Inverness commercial real estate lawyerA key to the development of a successful business is finding the best possible location in which to set up your company. This is especially true when the nature of the company necessitates that the customer visit the business space. In order to obtain space, it is common for a company to enter into a commercial lease. Business owners should be aware of issues related to commercial leases when it comes time to negotiate and agree to the lease agreement.

What to Look for in Commercial Leases

A commercial lease is a contract between a business and a landlord for the rental of space in a building. Importantly, property is zoned for specific purposes, which may differ from what the landlord is advertising the space for or what the previous tenant used the space for. A property can be zoned for different types of uses, such as residential, commercial, or industrial. What the property is zoned for will determine the type of activities that can be conducted in the rental space. For example, the Schaumburg zoning ordinance divides the village into zones or districts and places restrictions on permitted uses within those designated areas. Therefore, a property owner should check with the local zoning authority to determine what the space is zoned for.

The length of a commercial lease is an important issue to resolve. For a business in its initial stages, the risk of failure is high. As a result, entering into a lengthy lease term is usually not advisable, particularly if the agreement contains an acceleration clause. An acceleration clause gives the landlord the ability to request the entire unpaid rental amount for the remainder of the lease term. A long lease term puts the company at the risk of being obligated to pay a substantial amount of money for space that it is no longer using.

For new businesses, negotiating for shorter lease terms with several renewal options can help address the possibility of the business failing. Another great option is to negotiate for an escape clause that frees the business from the rental agreement in the event the business fails. Alternatively, longer lease terms may be perfectly suitable for more established businesses. Longer lease terms can be helpful because the location of the rental space can provide value, particularly if customers frequently visit, as, for example, in the case of a restaurant or retail store.

Other Issues

Some other issues that should be addressed in the lease agreement include:

  1. 1. The right to place signs in and/or on the rental space;
  2. 2. Whether common areas or facilities (like restrooms) can be accessed by employees and customers; and
  3. 3. Whether parking areas can be used by employees and customers.

If these issues are not specifically addressed in the agreement, it is likely they will require the consent of the landlord, which may not be granted. Therefore, it is important to resolve these issues before entering the agreement.

It is important to keep in mind that these are only a few of the considerations when negotiating a commercial lease. If you are in the process of searching for commercial space, contact an experienced Illinois commercial real estate attorney today. Drost, Gilbert, Andrew & Apicella, LLC represents clients in locations such as Inverness, Palatine, and Schaumburg.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

Inverness real estate lawyer Barrington attorney Detainer Actions mass shooting South Barrington real estate lawyer health insurance dispute Crystal Lake personal injury lawyer BAIID bicycle accidents Barrington Illinois estate planning lawyer Illinois pedestrian accident attorney Illinois employment law firm Barrington Traffic Lawyer Colin Gilbert ObamaCare job lawyers auto accidents Des Plaines criminal attorney Crystal Lake medical malpractice lawyer ken apicella investment property medical malpractice claims Illinois corporate lawyer financial advisors foreclosed rental property car accident Schaumburg personal injury attorney spinal cord injury pedestrian accidents liens Barrington criminal defense lawyer swimming pools Buffalo Grove medical malpractice lawyers boating DUI marijuana insurance dispute whistleblower protections employment attorney creditors Illinois traffic laws Rolling Meadows traffic law firm Long Grove estate planning attorney Inverness civil lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Crystal Lake employment attorney healthcare claims medical malpractice Chicago estate planning Rolling Meadows DUI lawyer startup company real estate lawyer life insurance Barrington estate planning lawyer wage theft Barrington injury attorney Illinois mortgages estate planning Inverness corporate attorney Barrington real estate lawyer contracts employment lawyer Rolling Meadows criminal lawyer Barrington employment attorney pet bites Illinois law nursing home negligence Illinois personal injury lawyer Schaumburg criminal attorney Palatine real estate lawyer insurance denial appeals Illinois wills and trusts attorneys Rolling Meadows insurance attorney bike accident Palatine elder law attorney Deer Park real estate law firm Buffalo Grove real estate attorney Schaumburg traffic lawyer Rolling Meadows employment law attorneys Fourth of July FMLA healthcare Arlington Heights trucking lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Illinois speeding lawyer estate planning for college students wills and trusts Palatine injury attorney Illinois medical malpractice claim defective products workers comp Schaumburg criminal law attorney Policy Cancellation Arlington Heights TBI attorney product liability estate plan PTSD revenge porn Des Plaines Illinois civil litigation lawyer Des Plaines collections attorney sexual images Arlington Heights wills and trusts lawyer construction contracts Palatine corporate law attorneys Des Plaines personal injury lawyers wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Joliet general practice lawyers BAC Legal Info car collision Palatine traffic lawyer capital gains tax probate process Illinois will lawyer home inspection lawyer Schaumburg Attorney fiduciary rule delay hands free device business litigation Schaumburg drug defense lawyer Palatine Attorney boating accidents Buffalo Grove law firm products liability agent installment contracts pedestrian accident clemency Rolling Meadows marijuana attorney living trust vs will Palatine probate lawyer defective products lawyer Crystal Lake pet attorney real estate Illinois rollover accident lawyers pain and suffering underage DUI traffic laws Illinois real estate Palatine civil litigation lawyer attorney fees gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys criminal Buffalo Grove employment lawyer no contest clauses Chicago estate planning lawyer Buffalo Grove corporate attorney Inverness probate lawyer Arlington Heights injury attorney cell phone accidents Arlington Heights Attorney Deer Park workers compensation lawyer dealing with problem employees Illinois medical malpractice attorney estate planning attorney TBI Arlington Heights employment law attorneys car accidents Crystal Lake bike accident lawyer Rolling Meadows probate lawyer commercial leases deed transfer IRS Arlington Heights wills and trusts lawyers insurance adjusters comp time automated cars Palatine drug lawyer Illinois employment attorneys personal injury lawyer real estate leasing employee misclassification car crash Buffalo Grove traffic lawyers Schaumburg civil litigation attorney Inverness real estate attorney tax attorney Illinois trucking safety landlord tenant law traffic tickets llinois Real Estate Lawyers Association civil litigation attorney personal injury law firm Crystal Lake traffic lawyer Illinois trusts attorney compensatory time meal breaks insurance negligence power of attorney for healthcare Des Plaines pet law attorney employment law Rolling Meadows real estate attorney Illinois wrongful termination lawyer sole proprietorship anesthesia errors consent to a search rollover accidents Illinois employment law attorneys Schaumburg personal injury lawyers Inverness DUI lawyer Deer Park traffic accident attorney POA life insurance claims speeding elder abuse Arlington Heights wills and trusts attorney Buffalo Grove personal injury attorney traumatic brain injuries guardianship attorney Barrington litigation attorney medical marijuana construction accidents medical research Des Plaines DUI attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, criminal record caregiver real estate attorneys Schaumburg real estate lawyer estate planning trusts preventable medical errors food poisoning caretaker rights LLCs Illinois driving without license Chicago insurance claim attorneys Arlington Heights wills and trusts attorneys pay when paid contract Des Plaines personal injury lawyer Illinois workplace discrimination attorney natural gas Rolling Meadows drug defense attorney Rolling Meadows Attorney digital information Inverness estate planning lawyer Des Plaines drug lawyer Arlington Heights insurance attorney internet digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Mount Prospect real estate lawyer Fair Labor Standards Act traffic deaths privacy laws Rolling Meadows Illinois Trust Code foreclosure Palatine trusts lawyer Rolling Meadows insurance dispute lawyers, insurance dispute employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, filing a medical malpractice claim truck collisions appealing an insurance claim Illinois bicycle safety holiday statistics Illinois insurance disputes Inverness traffic law firm paid sick leave Illinois boating accident lawyer Crystal Lake personal injury attorney living trust field sobriety test Rolling Meadows insurance lawyer Illinois wills and trusts Palatine estate planning lawyer IRA benefits trench injuries personal injury Arlington Heights lawyer Long Grove estate planning Illinois lawyer pedestrian injuries, pedestrian fatality Barrington business law firm denial of life insurance School Visitation Rights Act drug crimes Rolling Meadows personal injury lawyer Arlington Heights medical malpractice lawyer Inverness accident lawyer Super Mario Mount Prospect elder law attorney premises liability independent contractor Des Plaines motorcycle accident attorney texting while driving Illinois pet lawyer murder charges estate planning lawyer Illinois elder law attorney pet law Deer Park employment law attorney employee rights Illinois employment laws drug crime Crystal Lake employment law attorney employment contract Des Plaines real estate lawyer DUI defense GM ignition switches insurance disputes reckless homicide loopholes traffic violations defense jet ski personal injury attorney rollover car crashes insurance claim dispute cell phone living trust benefits IRELA insurance attorney institutional trustee Illinois probate lawyer back injuries Des Plaines civil attorney Rolling Meadows Traffic Lawyer Schaumburg workers compensation benefits senior citizens Illinois tax attorney motorcycle accident traffic offenses insurance denials Crystal Lake civil litigation lawyer involuntary manslaughter uninsured motorist trauma after an accident underinsured motorist loss of consortium Illinois LLC creation Federal Food Drug and Cosmetic Act personal injury claim residential real estate probate lawyer homestead rights drunk driving statistics marijuana crimes attorney insurance claim delay liability commercial leasing manufacturing Crystal Lake will lawyer Deer Park DUI lawyer first degree murder Illinois insurance lawyer deadly crashes employees condo association personal injury claims head on collisions Palatine traffic accidents Illinois employee rights attorney. criminal law fault based insurance Barrington civil litigation attorney living wills subcontractor Palatine corporate attorney Crystal Lake law firm Schaumburg estate attorney breach of contract fatal car accidents Whistleblower Claims Palatine law firm Buffalo Grove probate lawyer severance agreements Palatine employment attorney Barrington estate planning attorney work unions South Barrington real estate attorney forming a corporation in Illinois Chicago attorney trust payments Barrington criminal lawyer Crystal Lake car accident lawyer Barrington medical malpractice lawyers Illinois business lawyer Illinois collections attorney Illinois job attorney Illinois medical malpractice lawyers Arlington Heights criminal lawyer Rolling Meadows personal injury attorney rent to own real estate contracts Des Plaines drug crimes lawyer Buffalo Grove insurance claim dispute lawyers Illinois insurance attorney Chicago car accident lawyer Rolling Meadows medical malpractice lawyers employment law, Illinois employment laws Palatine workers compensation lawyer Arlington Heights car crash attorneys Illinois motorcycle accident lawyer Deer Park personal injury lawyer Arlington Heights personal injury lawyer Colin H. Gilbert gift taxes wrongful termination Des Plaines tax law firm drug possession Liquor Control Act Class A misdemeanor dynasty trusts DGAA probate claims coronavirus Palatine construction attorney Thanksgiving Schaumburg personal injury lawyer Arlington Heights employment attorney Long Grove wills and trusts attorneys comparative negligence slip and fall hit and run accident medication errors rest breaks eluding a police officer suspended license Rolling Meadows estate planning attorney insurance agent negligence personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Deer Park accident attorney unpaid assessment Kenilworth estate planning lawyer Mount Prospect wills and trusts lawyers expungement traffic violations Palatine criminal defense lawyer Arlington Heights estate planning attorney Illinois Transfer on Death Instrument Illinois employment law attorney Chicago biking tips commercial real estate Barrington personal injury attorney Schaumburg construction accident lawyer murder spinal cord injuries Schaumburg employment law attorneys Transfer on Death Instrument wrongful death Kenilworth estate planning attorneys Buffalo Grove personal injury lawyer Long Grove estate planning attorneys DUI pregnant women college kids Illinois estate planning attorney Illinois traffic ticket lawyer Retaliatory Discharge insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Crystal Lake accident attorney Illinois real estate lawyer vacation home Illinois Sales Representative Act Barrington employment law firm Schaumburg injury lawyer pedestrian-automobile accident Crystal Lake employment lawyer Illinois DUI attorney Illinois small business Arlington Heights traffic attorney probate claims process probate Affordable Care Act Illinois insurance dispute lawyers Barrington workers compensation attorney denied insurance claims Chicago corporate attorney overtime violations personal injury accidents Crystal Lake tax lawyer Chicago insurance law firm workplace sexual harassment Crystal Lake traffic attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation unfunded trust car accident lawyers DNR Inverness personal injury attorney drug crimes lawyer insurance claim dispute attorney Schaumburg elder law lawyer accidental death benefits social media after death golf accidents Buffalo Grove traffic attorney Schaumburg car accident attorney insurance claims insurance dispute attorney DUI penalities irrevocable trust jet ski accidents Illinois traffic attorney Exclusions Schaumburg wrongful death attorney criminal defense landlord Des Plaines Traffic Lawyer Illinois insurance claim dispute lawyers Self-Directed IRA Accounts real estate attorney Employment Discrimination Law Palatine insurance lawyer overtime pay estate attorney boating under the influence car crashes denied insurance claim minimum wage insurance agents Mt Prospect Attorney Illinois traffic accident lawyer Arlington Heights accident attorney Chicago employment lawyer Palatine punch death insurance claim Rolling Meadows boating crash lawyer Rolling Meadows litigation lawyer employee discrimination Illinois personal injury lawyers Barrington personal injury lawyer controlled substance Jay Andrew unauthorized overtime probate fees Chicago trucking accident attorney Rolling Meadows traffic attorney owner responsibility Illinois attorney pizza emoji traffic accidents trustee Rolling Meadows tax attorney dram shop law BUI drugs Illinois car accident attorney Crystal Lake estate planning lawyer elder law Inverness elder law lawyer trusts disability benefits vacation home fines license suspension Arlington Heights tax lawyer Illinois Probate Act of 1975 Crystal Lake injury attorney motorcycle accident lawyer privacy hiring employees car crash injuries Arlington Heights Traffic Lawyer Illinois DUI attorney Crystal Lake car accident attorney Illinois jet ski accident lawyer license revocation rumble strips Palatine business attorney Riverwoods estate planning lawyer Family Medical Leave Act Chicago will attorney Illinois employment law real estate zoning Deer Park medical malpractice attorney Illinois workers compensation lawyer advance healthcare directive Crystal Lake business law attorneys income distribution deducation distracted driving accidents Palatine employment lawyer Palatine civil attorney Buffalo Grove car accident lawyer condo insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys blood alcohol content Barrington drug crime attorney Crystal Lake insurance lawyer bad faith insurance claims drunk driving Illinois Wage Payment and Collection Act Crystal Lake medical malpractice law firm unpaid overtime Schaumburg estate planning lawyer digital evidence life insurance policy Illinois medical malpractice case brain injury civil litigation Illinois Human Rights Act breathalyzer test Illinois construction accident attorney Illinois insurance claim attorney bicycle dooring accidents problem employees traumatic brain injury Des Plaines injury law firm estate tax trucking accident lawyers Crystal Lake criminal defense attorney cell phone tower data Illinois workplace lawyer Rolling Meadows business lawyer car accident lawyer Rolling Meadows personal injury lawyers Illinois home inspection dog bites crossover accidents Rolling Meadows employment law attorney Deer Park motorcycle accident lawyer Illinois personal injury attorney Buffalo Grove criminal defense lawyer liability claims in terrorem provision Schaumburg employment attorney texting and driving trucking accidents real estate closing Des Plaines personal injury attorney blended families Illinois workers compensation attorney Arlington Heights personal injury attorney natural gas explosion Home Sale Contingencies license Attorney Ken Apicella underfunded trust Rolling Meadows corporate lawyer license reinstatement Kenilworth estate planning attorney Rolling Meadows car accident lawyers fiduciary rule medical malpractice compensation Landlord Tenant Ordinance Des Plaines accident attorney civil rights violation Illinois estate planning workers compensation Illinois defective products attorney Rolling Meadows insurance dispute lawyers Schaumburg corporate attorney federal regulations for LLCs Inverness injury lawyer Do Not Resuscitate surgical mistakes Schaumburg probate attorney operating agreements CAM Chicago traffic lawyer Illinois Workers’ Compensation Commission icy parking lots Long Grove real estate lawyer Forcible Entry Long Grove real estate attorney Barrington employment law attorney right to work Des Plaines insurance attorney Inverness insurance attorney Arlington Heights car accident lawyer Chicago employment attorney power of attorney Illinois estate planning law firm Schaumburg medical malpractice lawyer Barrington boating accident attorney mortgage Des Plaines claims law firm Home Remodeling Repair Act Arlington Heights pedestrian accidents Palatine employment law lawyer distracted driving accident victims taxes traffic crimes employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Des Plaines real estate attorney Chicago lawyer Illinois injury lawyer Des Plaines medical malpractice attorney insurance claim denials medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois traffic attorneys new real estate form DMV Illinois personal injury Illinois criminal defense attorney slip and fall accidents Illinois business law atorneys Illinois registered agent Illinois living will federal crimes Buffalo Grove injury lawyer child safety ACA special needs trust Rolling Meadows employment attorney small business IRA trust transfer life insurance lawyer Illinois employment lawyer Deer Park criminal attorney Illinois insurance claims lawyers real estate contract Crystal Lake pedestrian accident lawyer wills corporate law Illinois Smoke Detector Act Food and Drug Administration's Food Safety Modernization Act insurance claim denial sexual harassment Deer Park traffic lawyer Palatine personal injury lawyer preventing accidents driving Crystal lake insurance dispute attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Rolling Meadows accident lawyer Schaumburg estate planning attorney Illinois red light cameras changes to mortgage law digital assets murder defense Rolling Meadows criminal attorney Crystal Lake medical malpractice attorneys low-ball insurance settlement FSLA Arlington Heights real estate lawyer Illinois insurance claim dispute lawyer Schaumburg insurance lawyers modern family estate planning

Archive