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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, July 24, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will prepare real estate counsel to negotiate and draft rooftop solar leases that help minimize the likelihood of future legal disputes. The panel will examine lease provisions landlords and tenants frequently negotiate regarding this increasingly popular use of rooftop space and will analyze practical considerations associated with a rooftop solar lease.

Faculty

David Streier
Partner
Parent: Fredrikson & Byron, P.A.

Mr. Streier combines his experience in the energy and real estate industries to serve solar, wind and energy storage developers, independent power producers, utility companies, real estate developers, landlords, tenants and investors. He focuses his practice in the areas of energy project development and financing, commercial real estate transactions and leasing, and real estate aspects of mergers and acquisitions. With a focus on project site control, Mr. Streier drafts and reviews wind and solar energy leases, and easement agreements, purchase agreements and other real estate documents. He has extensive experience with performing title and survey review and corrective work to obtain financeable site control. Mr. Streier assists clients in reviewing, negotiating and drafting documents, such as purchase and sale agreements, leases and related documents, easements, declarations and conveyance documents. He also manages the review of due diligence materials for commercial real estate and energy transactions, including real estate agreement surveys, title commitments, proformas and underlying title exception documents.

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Christopher J. Palmese
Partner
Seyfarth Shaw LLP

Mr. Palmese’s practice focuses on the representation of purchasers, sellers, investors, developers, lenders, tenants, and landlords in all facets of their commercial real estate portfolios, including C-PACE, bridge, permanent and mezzanine financing, and solar, retail, and office leasing. He has been a member of the Commercial Real Estate Finance Council’s Sustainability Initiative, which focuses on the intersection of climate risk and commercial real estate finance, since its inception in 2021. He has served as a curator on the Content Committee for the Northeast Sustainable Energy Association’s Building Energy NYC conference—a conference dedicated to sustainability in real estate and decarbonizing the built environment.

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Description

Solar panel rooftop leases have become increasingly popular as the demand for alternative energy sources, including solar energy, continues to grow, and commercial building owners (landlords) consider the additional income that may be generated by leasing out this minimally used space to solar power providers (tenants). Landlord and tenant counsel should understand the considerations unique to these types of leases to minimize risk for their clients.

Due diligence considerations for landlords include the financial stability and expertise of the tenant as the term of rooftop solar leases is often 20+ years, and detailed plans and specifications of the tenant's project. Landlords should also consider the impact the lease and equipment may have on property valuation and any potential future property sales. Tenant due diligence includes site evaluation confirming the roof's ability to support the requisite equipment, as well as regulatory and licensing considerations.

Key lease provisions for both parties include: (1) lease term and structure, allowing for rent increases over the lengthy term; (2) a clear description of the leased premises since the tenant is leasing only a portion of the building; (3) responsibilities for roof maintenance and repairs over the course of the lease; (4) right of assignment; (5) easements granted to the tenant; and (6) lease termination and equipment removal. 

Listen as our expert panel discusses marketplace trends for rooftop solar leasing. The panel will examine key due diligence considerations for landlords and tenants and address how to negotiate and draft rooftop solar leases to help minimize the likelihood of future legal disputes.

Outline

I. Introduction: market trends in rooftop solar leasing

II. Due diligence considerations for tenants and landlords

A. Licensing, permits, and other regulatory concerns

B. Site evaluation and building structural integrity

C. Insurance issues

D. Lender approval and financing

E. Impact on future property sale and valuation

III. Key lease provisions

A. Lease term and rent

B. Leased premises description

C. Easements

D. Equipment

E. Maintenance and repairs

F. Assignment

G. Lease termination and equipment removal

H. Lender rights and protections

I. Property taxes and other financial considerations

J. Others

IV. Practitioner takeaways

Benefits

The panel will review these and other key issues:

  • In what ways are rooftop solar leases different from typical commercial leases?
  • What are key landlord due diligence considerations? Tenant due diligence considerations?
  • What lease provisions are unique to rooftop solar leases?
  • What are best practices for negotiating and drafting rooftop solar leases?