Rent Credits in a Commercial Lease: An FAQ Guide
Rent credits in a commercial lease are frequently misunderstood. Many people think of “free rent” at the beginning of a lease term and stop there. In reality, rent credits are broader than that. They can be negotiated concessions at lease inception, or they can...
How to Terminate a Commercial Lease – A Guide for Tenants
One of the questions we get asked most often is: as a commercial tenant, how can I terminate my lease? The first thing to understand is that, generally speaking, a commercial lease does not give a commercial tenant the right to terminate early. There is usually no...
Key Considerations in Commercial Lease Renewal and Expansion Options
Renewal and expansion options are common features in commercial leases and are often viewed by tenants as valuable tools for long-term planning and flexibility. For landlords, however, these provisions can meaningfully impact future leasing strategy, rental economics,...
A Tenant’s Guide to Negotiating Sign Rights in a Commercial Lease
Signage is often treated as a secondary issue during lease negotiations, addressed late in the process or deferred to an exhibit that receives little scrutiny. For many commercial tenants, however, sign rights are a core business concern. Visibility, branding, and...
Negotiating Tenant Improvements and Work Letters in Commercial Leases
Tenant improvement provisions are often among the most heavily negotiated sections of a commercial lease. For many tenants, the ability to customize a space to meet operational needs is critical. For landlords, controlling the scope, cost, timing, and quality of that...
Financing Contingencies and Lender Protections in Commercial Purchase Agreements
Purchase and sale agreements for commercial real estate allocate risk between the buyer and seller through a combination of representations, covenants, conditions precedent, and termination rights. One area where this risk allocation often becomes particularly...
Negotiating Access Rights and Inspection Protocols in Commercial Real Estate Purchase Agreements
Access and inspection rights are a core component of any commercial real estate purchase agreement. While often grouped under the heading of “due diligence,” these provisions do far more than simply grant a buyer the right to walk the property. They allocate risk,...
Tenant Holdover and Remedies for Overholding Tenants Under Commercial Leases
Even well-negotiated commercial leases can encounter friction at the end of the lease term. One recurring issue is tenant holdover—when a tenant remains in possession of the premises after lease expiration without a new agreement in place. For landlords, holdover...
Economics, Term, and Exit Risk in Massachusetts BESS Leases
Battery Energy Storage System (“BESS”) leases in Massachusetts are long-term infrastructure agreements that can encumber land for decades. While zoning, safety, and environmental issues often dominate early discussions, the economic structure of the lease and the...
Risk Allocation, Safety, and Environmental Liability in Massachusetts BESS Leases
Battery Energy Storage System (“BESS”) projects present a distinct set of safety, environmental, and operational risks that are materially different from those found in traditional commercial ground leases. In Massachusetts, these risks are further shaped by evolving...