Every document you should request and review before signing a commercial lease — organized by category, with priority ratings, expert tips, and notes you can save.
0 of 52 documents reviewed
Confirm all business terms from the LOI are accurately reflected in the lease draft — rent, term, TI allowance, free rent, renewal options, and any landlord concessions.
The internal document summarizing all agreed economic and business terms. Cross-reference against final lease to confirm nothing was lost in translation.
Confirm your tenant rep broker is properly identified in the lease. Verify commission structure will be paid by landlord and won't affect your rent or other concessions.
Any emails, letters, or proposals exchanged during negotiation that establish intent or representations by the landlord — useful if disputes arise.
Review every page of the lease. Pay special attention to the use clause, rent escalation, CAM provisions, default cure periods, assignment/subletting rights, and renewal options.
Exhibits often contain critical terms: work letter (TI allowance), rules and regulations, signage criteria, parking plan, site plan, floor plan with demised premises marked.
Specifies how tenant improvement allowance is disbursed, landlord's work vs. tenant's work, completion deadlines, building standard specifications, and what happens if TI is insufficient.
Operational restrictions on hours, signage, deliveries, HVAC usage, loading dock access, food and beverages, and common area conduct.
Confirm: number of allocated spaces, location, hours of access, whether parking is included in rent or separately charged, and any shared parking provisions.
Confirm the exact boundaries of your leased space are correct. Verify square footage measurement methodology (BOMA, rentable vs. usable) and that the plan matches what you'll actually occupy.
Review guarantee scope carefully: unlimited vs. capped, duration, Good Guy provisions, burndown provisions, and who the guarantor is.
Confirms ownership of the property. Review for encumbrances, easements, CC&Rs, and liens that could affect your tenancy. Confirm the landlord has clear title to lease the space.
Confirms the legal owner of the property and whether the landlord entity signing the lease is the same as the title holder.
Professional survey showing property boundaries, easements, encroachments, setbacks, flood zone designation, and utility locations.
Confirm the landlord is a validly existing entity authorized to sign the lease. For LLCs, request operating agreement showing signatory authority.
Review if your lease includes real estate tax pass-through (NNN or modified gross). Tax history shows trend and any pending appeals or reassessments that could spike your NNN costs.
Essential for NNN and modified gross leases. See actual CAM charges, management fees, insurance premiums, and utility costs to model your true occupancy cost.
Shows how estimated CAM payments compare to actual expenses year-over-year. Large annual true-up payments indicate poor CAM estimation or rapidly growing expenses.
Protects your tenancy if the landlord defaults on their mortgage. The Non-Disturbance clause ensures the lender will honor your lease even in foreclosure.
Confirm the existence, lender, and approximate balance of any existing financing on the property. Some mortgages contain restrictions on lease terms that could affect your rights.
If the landlord's mortgage requires lender approval for new leases, obtain written confirmation that the lender has reviewed and consented to your lease.
If you're taking over space from a prior tenant, obtain their estoppel certificate confirming the prior lease is terminated, no outstanding TI claims exist, and security deposit disposition.
Document signed by landlord confirming lease terms, rent payment status, absence of defaults, and status of TI allowance — useful if the property is being sold or refinanced during your lease term.
Written confirmation from the local planning authority that your intended use is permitted as-of-right in the applicable zoning district, without requiring a variance or special use permit.
Confirms the building has been inspected and certified for the current occupancy classification. Verify the CO matches your intended use (retail, office, restaurant, healthcare, etc.).
Confirm no open building permits or code violations exist that could restrict your buildout or require costly remediation before you can open.
Confirm the space has passed recent fire safety inspection. Fire code violations must be resolved by the landlord before lease commencement.
Americans with Disabilities Act compliance status of the building, common areas, and your space. Confirm responsibility allocation between landlord (structural barriers) and tenant (inside-space compliance).
If your business requires a liquor license, food service permit, or other special license, confirm the location is legally eligible before signing.
For restaurant, food service, or healthcare operations, confirm the premises has been or can be approved by the health department.
ASTM E1527-21 compliant assessment identifying recognized environmental conditions (RECs) — historical uses, regulatory database hits, visible contamination, and other environmental concerns.
Soil borings and groundwater sampling to confirm whether contamination exists. Required if Phase I identifies RECs. Critical for gas stations, dry cleaners, and former industrial sites.
For any building constructed before 1980, request asbestos survey and operations & maintenance program. Your buildout may disturb asbestos-containing materials requiring licensed abatement.
Buildings constructed before 1978 may contain lead-based paint. Required disclosure for residential; recommended due diligence for commercial buildout involving demolition.
Particularly important for buildings in humid climates, those with recent water damage, or spaces that have been vacant. Mold remediation is expensive and can cause health and liability issues.
Separate indemnification from landlord for pre-existing environmental conditions, especially important for properties with known or suspected contamination.
Confirm the building is currently insured for property damage and general liability. Confirm coverage amounts are adequate relative to replacement cost.
Review the exact insurance coverages and limits the lease requires you to carry: CGL limits, property insurance, workers' comp, umbrella/excess, any specialty coverages.
Confirm whether the property is in a FEMA Special Flood Hazard Area. Flood insurance may be required and can be expensive in high-risk zones.
Request CLUE report or landlord disclosure of any insurance claims on the property in the past 5 years. Repeated water damage claims may indicate ongoing issues.
For any lease over $500,000 in total obligation, request 2 years of landlord financial statements. Confirm the landlord has the financial capacity to fund TI allowance and maintain the building.
For multi-tenant properties, request a current rent roll showing all tenants, their square footage, lease expiration dates, and rent rates. Assess building occupancy and co-tenant stability.
If you're relying on an anchor tenant for co-tenancy rights or foot traffic, confirm when their lease expires and whether they have renewal options in place.
Request the last 12 months of utility bills for the space or the building's average utility costs per SF. Essential for modeling true occupancy cost in gross or modified gross leases.
Comparable lease transactions in the same submarket — similar size, class, and location — to confirm you're paying at or below market rent.
For any lease that constitutes a significant portion of the building's revenue, review the property's NOI history to assess financial stability of the investment.
Architectural drawings showing actual current conditions of the space — wall locations, MEP rough-in, structural elements. Essential for planning your buildout and budgeting accurately.
Current specifications for HVAC capacity (tons of cooling, ACH), electrical panel capacity (amps, voltage), and plumbing rough-in locations. Identifies gaps relative to your requirements.
Confirm the HVAC systems are in good working order. Deferred maintenance on HVAC can result in $15,000–$50,000 in replacement costs shortly after lease commencement.
For any lease where tenant bears roof maintenance or repair costs (common in NNN and single-tenant leases), obtain a current professional roof inspection report.
Required if your buildout involves heavy equipment, mezzanines, floor loads exceeding 100 PSF, or wall penetrations. Confirms structural capacity for your intended improvements.
Obtain 2–3 independent contractor bids for your buildout before signing. Confirms TI allowance is adequate and identifies any scope gaps relative to your planned improvements.
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