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


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