Commercial Lease Basics: Key Terms and Drafting Considerations for Landlords and Tenants, Pitfalls to Avoid

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Beginner
- work Practice Area
Real Property - Transactions
- event Date
Friday, May 10, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide an introduction to negotiating and drafting commercial leases. The panel will provide pre-drafting considerations, such as selecting the proper lease structure. The panel will then address what provisions should be included in a commercial lease, why those provisions are important, and how the terms may differ based on the priorities of the landlord or tenant.
Faculty

Mr. Freeman specializes in all aspects of commercial real estate. He is recognized within the real estate community as a skilled and efficient dealmaker with a particular emphasis in the commercial leasing arena. His practice focuses on acquisitions and dispositions, development, joint ventures and management of real estate assets, and office, industrial and retail leasing. Mr. Freeman represents national and regional office and industrial landlords, major office and industrial tenants, and regional shopping center owners. Since 2007, he has drafted and negotiated leases and lease amendments for more than 20 million square feet of office, industrial and retail space located throughout the U.S., including the largest annual office lease in Orange County three times: in 2014 (191,000 feet), 2020 (260,000 feet) and 2021 (640,000 feet). Notably, the 640,000-square-foot office lease he completed in 2021 was one of the largest office leases in the history of Orange County.

Mr. Korenaga’s practice is focused on acquisitions, dispositions, leasing, and merger and acquisition deals across real estate product types and nationally. He represents real estate owners, developers, and investors, as well as landlords and tenants of office, industrial, retail, and medical office properties. He has particular expertise in representing homebuilders nationally. Mr. Korenaga also represents landlords and tenants in negotiating sophisticated office, industrial, retail, medical office, and ground leases. He serves as the lead attorney for leasing, tenant disputes, lease workouts, and other day-to-day operational matters at several major developments throughout California. During his time at the firm, Mr. Korenaga has routinely handled in excess of 1.5 million square feet of leasing-related transactions annually.
Description
Commercial leases are complex documents that outline the terms and conditions between a landlord and tenant and have serious implications if a dispute were to arise. Therefore, creating a commercial lease requires more than simply using a template with boilerplate language and plugging in certain client information.
Counsel should understand pre-drafting considerations, such as the lease structure that is best for their client and that will dictate certain terms. Counsel should also know what provisions should be included in a commercial lease and how to customize those provisions to best protect their clients' interests.
Listen as our expert panel guides counsel through commercial lease basics, from pre-drafting considerations through the negotiation and drafting of necessary lease terms. The panel will also address how the terms may vary based on the priorities of the landlord or the tenant.
Outline
- Pre-drafting considerations
- Key commercial lease provisions
- Parties
- Property description
- Use clause
- Term of the lease
- Rental payments
- Maintenance
- Improvements or repairs
- Subletting or assignment
- Dispute resolution
- Others
- Paying attention to "boilerplate" terms
- Practitioner takeaways
Benefits
The panel will discuss these and other key considerations:
- What are pre-drafting issues that counsel should consider and how do these affect the terms of the lease?
- What provisions are required for commercial leases?
- What are the dangers of using boilerplate clauses?
- How do terms differ based on whether the client is the landlord or the tenant?
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