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


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