Commercial Lease Due Diligence 101: Landlord and Tenant Considerations, Provisions to Mitigate Client Risk
Property Inspection, Financial Health of the Parties, Environmental Concerns, Zoning, and More
Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Beginner
- work Practice Area
Real Property - Transactions
- event Date
Thursday, September 25, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
60 minutes
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This 60-minute webinar is eligible in most states for 1.0 CLE credits.
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This CLE webinar will provide new real estate attorneys with an overview of the due diligence process to be conducted before finalizing any commercial leasing transaction. The panel will examine obligations and issues facing tenants and landlords, how to define the scope of the due diligence process, and how to draft due diligence provisions in the commercial lease to mitigate risk for each party.
Ms. Bruton is a real estate attorney representing clients in all aspects of sophisticated commercial real estate finance, acquisition, disposition, development, and leasing projects. She has significant experience in capital formation for real estate investments, including joint ventures, mezzanine financing, commercial loans and securitized financing transactions, EB-5 financing, and preferred equity transactions. Ms. Bruton assists clients in the acquisition, development, and financing of a variety of real estate projects in multiple asset categories, including residential and commercial developments, office buildings, retail and shopping centers, and multifamily housing, and represents entrepreneurial and institutional investors.
Ms. Peters has more than 20 years of in-house and private experience directing legal efforts with regard to real estate development, construction and finance – and is a trusted advisor to local, regional and national landlords and tenants on commercial leasing matters spanning all asset types. Ms. Peters joined the firm from Lightstone Group, one of the largest, privately-held real estate management and development companies in the country with a commercial real estate portfolio of over 6 million square feet. As Lightstone’s General Counsel, she was deeply involved with commercial leasing and various transactions across the company’s portfolio – overseeing the legal components of the company’s acquisition, development, disposition, financing and land use functions on a national scale.
The due diligence process is a critical step for tenants and landlords to take before finalizing any commercial lease deal because each party to the lease assumes significant risks and liabilities. The process allows the parties to evaluate those risks and liabilities before committing to the transaction.
Due diligence considerations for tenants include property inspection for any needed repairs and possible environmental issues, verification of zoning laws to ensure local zoning laws permit the tenant's intended property use, and a landlord background check to assess the landlord's financial stability, reputation, and performance with past tenants.
Key landlord considerations include assessing the tenant's financial stability and track record, rental history, running credit checks, and reviewing the company's business plan.
New attorneys representing tenants and landlords should understand the comprehensive scope of the due diligence process and how to best protect their clients' interests when drafting due diligence provisions in the commercial lease that outline each party's rights and obligations during the due diligence process.
Listen as our expert panel provides an overview of the due diligence process for tenants and landlords in commercial lease transactions. The panel will discuss how to navigate issues for both parties to avoid potential pitfalls while successfully guiding clients through the lease transaction.
I. Introduction
A. Purpose of due diligence
B. Defining the scope of due diligence
II. Due diligence process and required documentation: tenant and landlord considerations
A. Physical inspection of the property and buildings
B. Zoning laws
C. Environmental review
D. Financial analysis of the parties
E. Lender considerations
F. Other
III. Due diligence provisions in the lease
IV. Practitioner takeaways
The panel will review these and other key considerations:
- What areas should tenants focus on when performing due diligence? Why?
- What are key due diligence considerations for landlords? Why?
- How may counsel best protect their clients' interests when drafting due diligence provisions in the lease?
- What are best practices for practitioners when guiding clients through the due diligence process?
Related Courses
Commercial Lease Due Diligence 101: Landlord and Tenant Considerations, Provisions to Mitigate Client Risk
Thursday, September 25, 2025
1:00 p.m. ET./10:00 a.m. PT