Commercial Real Estate Leases Clause Comparison Toolkit | Practical Law

Commercial Real Estate Leases Clause Comparison Toolkit | Practical Law

A compilation of pro-landlord and pro-tenant Standard Clauses that can be compared to assist both landlords and tenants in effectively negotiating their commercial real estate leases.

Commercial Real Estate Leases Clause Comparison Toolkit

Practical Law Toolkit w-036-7737 (Approx. 13 pages)

Commercial Real Estate Leases Clause Comparison Toolkit

by Practical Law Real Estate
MaintainedUSA (National/Federal)
A compilation of pro-landlord and pro-tenant Standard Clauses that can be compared to assist both landlords and tenants in effectively negotiating their commercial real estate leases.
When negotiating commercial real estate leases, it is helpful to understand the position of the opposing party. This Toolkit provides a host of Standard Clauses typically included in a commercial lease. The landlord and tenant versions of each of the Standard Clauses included in the table below can be downloaded in word and compared against one another to highlight the optimal positions of each party. Reviewing a comparison enables each party to see what it is the other wants. Drafting notes accompanying these Standard Clauses provide guidance to help understand the reasoning behind each party's position for the specific provision. Certain of the Standard Clauses are specific to a use type (for example, office, retail, or industrial/warehouse) but others (designated as commercial lease clauses) are designed to work in any commercial lease scenario.
For more information on use-specific leases, see:
Leases are also generally governed by the laws of the state where the premises are located. The following resources are designed to provide guidance to companies with multi-state leases:

Topic Based Comparable Standard Clauses

Topic
Pro-Landlord Standard Clause
Pro-Tenant Standard Clause
Audit Rights
Alterations
Assignment and Subletting
Casualty
Contingencies
Delivery of Possession 
Free Rent
Indemnity
Landlord's Access to Premises
Operating Expenses
Permitted Use
Rent Abatement
Repair and Maintenance
Right of First  Refusal to Lease Additional Space
Right of First Offer to Purchase
Right of First Refusal to Purchase
Security Deposits