Your Commercial Real Estate Lease (part 1)
Trying to completely cover the leasing process in a few
paragraphs would be understating its importance. Your rent will be one
of, if not the single largest monthly expense. Upon finding a location
satisfactory, you must then be able to negotiate the lease to terms
which will facilitate your startup, coincide with your anticipated
opening (which in our industry is imperative), insure your long-term
profitability, and make it possible for you to sell your business in
time to someone who may continue on successfully. In order to do so,
you must understand that everything is negotiable in a lease. Anything
is fair game for discussion. And the stronger your business plan and
financials, you will find the more flexible landlords will be.
Negotiating a commercial real estate lease needn't be a battle.
Remember, and you shouldn’t have to remind the landlord of
this, that it is in both of your best interests that you are
successful. If you lease on bad terms, you go out of business, and they
have no tenant. In fact, many landlords now recognize that providing
"superior tenant service" begins by making the lease negotiation
process as simple and efficient for tenants as possible. As important
as it is to arrive at a lease agreement that meets the needs of both
tenant and landlord, long delays over minor details serve neither party.
It has become more commonplace that landlords have
‘standard’ alternate clauses prepared to substitute
should the situation dictate. This prevents delays in legal counsel
having to re-prepare specific language repeatedly.
If you choose to deal with an agent, make sure that they are looking
out for YOUR best interest. Just hiring an agent doesn’t
commit them to your success. Bear in mind that oftentimes they are
going to be paid by the landlord for filling the space. Building a
relationship with your agent can be done, just as building a
relationship with your banker, your realtor you bought your home with,
or your advertising agent – with communication. Ask around,
ask other agents, ask the agent questions, leave nothing to question.
Before getting into specifics of the lease, remember your objective:
Secure the space you want, at the best rate possible, keeping as much
money in your pocket as possible, until you decide you want to/are able
to, sell at a good price to someone who can continue to make money.
When you sell your business you are selling this lease also, so make
sure you negotiate with that in mind.
Contact an HREA representative for more information, email us
at info@MyHREA.com
or continue to a brief overview of the basics of a lease in Your
Commercial Real Estate Lease Part 2.