About the Course
Introduction
This CLE webinar will prepare counsel for commercial tenants and landlords for leasing issues unique to office and retail leases and best practices to protect clients' interests. The panel will examine and compare office and retail leasing transactions and identify their key similarities and essential differences. The panel will also offer best practices for drafting key provisions.
Description
Office and retail leases are among the most common forms of commercial real estate transactions, and both require a broad understanding of lease law. Although there is a substantial overlap between office and retail leases, there are also many material differences. These differences can be subtle, and the concepts are unique and significant enough to warrant careful review and consideration by savvy counsel.
Key issues include permitted use provisions, rights to rent abatement and termination, force majeure provisions, assignment and subletting terms, default and remedy provisions, and tenant and landlord obligations concerning operating expenses, maintenance and repairs, services and access, and indemnity provisions. Careful and precise drafting of these provisions is critical to avoiding or resolving potential disputes and protecting clients' interests.
Listen as our authoritative panel of real estate practitioners provides crucial insights for counsel in drafting and negotiating office and retail leases.
Presented By
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Mr. Lang is a member of the firm’s Real Estate Practice. On the leasing side, he represents landlords, tenants, sublandlords, and subtenants in connection to office leases and subleases, as well as retail leases for national retailers. With respect to acquisitions and dispositions, he represents buyers and sellers of commercial properties across all asset classes. On the lending side, he represents lenders and borrowers in connection to complex real estate financings (including both mortgage and mezzanine loans) related to the acquisition, construction or refinancing of commercial properties throughout the U.S. Mr. Lang has also represented various financial institutions in connection with restructurings of distressed assets including workouts, forbearance agreements, notes sales, deed-in-lieu of foreclosure agreements, and litigation related to foreclosures of real property.
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Mr. Nelson’s transactional practice focuses on representing corporate users of real estate in purchase and sale, leasing, construction, transactional due diligence, and ancillary real estate contract negotiations. He has deep experience in the acquisition, disposition, leasing and construction of office, industrial, GMP facilities, R&D facilities, and properties for the unique needs of clients in biotech, agtech, foodtech, electronics, robotics and autonomous vehicle development in California and throughout the U.S. He has represented clients in numerous complex leasing and subleasing transactions and construction projects for millions of square feet of space, including multi-phased deliveries, sublease to direct lease roll overs, build-to-suit leases, and lease and sublease terminations and restructurings. Mr. Nelson also has extensive experience in drafting and negotiating all types of ancillary agreements related to the transfer, use, construction, and ongoing operation and management of real property, including joint use agreements, transitional service agreements, easements, architect and construction agreements, listing agreements, and management agreements. He also uses his significant experience with corporate real estate to advise the firm's clients in due diligence investigations and negotiations ancillary to corporate mergers and acquisitions.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, October 1, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Overview
II. Current state of the market
III. Rights to rent abatement and lease termination
IV. Letters of intent
V. Credit and security under leases
VI. Build-out of leased premises, determination of commencement date, and work letters
VII. Use of premises, exclusive use and radius provisions, continuous operation and kick-out clauses, hours of operation
VIII. Responsibility for real estate taxes and operating expenses/common area maintenance; operation expense exclusions and caps
IX. Indemnity provisions
X. Assignment and sublet provisions; SNDAs, permitted transfers, and estoppel certificates
XI. Real estate tax consideration
XII. Alterations
XIII. Casualty and condemnation
XIV. Final thoughts and practical considerations
The panel will review these and other key issues:
- What are the specific areas of concern for landlords and tenants when drafting retail and office leases?
- What basic indemnity issues should the parties be aware of?
- How should tenant and landlord obligations be defined concerning operating expenses, maintenance, and repairs?
- What exit strategies should the parties consider upfront in a lease negotiation?
