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

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

Archive