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

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

Archive