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

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

Archive