Should a lawyer review my commercial lease?

A commercial lease is a contract between a landlord and a business tenant for office, retail, warehouse, or other business space. It is often worth having a licensed business-law attorney review it before you sign, especially if the lease is long, the rent is high, or the space is important to your operations.

Unlike many residential leases, commercial leases usually give the parties more freedom to negotiate. That means terms about rent increases, repairs, maintenance, build-out work, personal guarantees, renewal rights, and early termination can matter a lot.

FoundryCounsel is not a law firm and does not give legal advice. We provide general educational information and a free way to get matched with a lawyer if you want a licensed attorney to review your lease.

A lawyer can help you spot business risks that are easy to miss when you are focused on the location or monthly rent.

• Personal guarantee: a promise that you, as the owner, will pay the lease even if the business cannot
• CAM charges: common area maintenance charges, which are shared costs for things like parking lots, hallways, landscaping, security, or building upkeep
• Rent escalation: clauses that allow rent to increase over time
• Use clause: language that limits what your business can do in the space
• Assignment and subletting: rules for transferring the lease or letting another business use part of the space
• Default: what counts as a breach and how quickly the landlord can act
• Tenant improvements: who pays for changes to make the space usable for your business

A lawyer may also compare the lease with your business entity documents. For example, an LLC, or limited liability company, is a business structure that can separate business liabilities from personal liabilities. A lease can still create personal risk if it includes a personal guarantee. If you are still choosing an entity, see LLC vs. corporation or business entity formation.

A generic example: a restaurant owner sees a lease with fair base rent and signs quickly to secure the location. Later, the owner learns the lease also requires payment for plumbing repairs, HVAC replacement, and a share of building maintenance costs. The lease also limits signage and does not give much time to cure a default.

The issue was not just the monthly rent. The real cost was in the extra obligations and the risk if something went wrong. A lease review before signing may have identified points to negotiate.

If you are comparing spaces or already have a draft lease, a lawyer review is often a practical step before you commit.

1. Ask the landlord or broker for the full draft lease, including exhibits, rules, and any guaranty form.
2. Make a list of your business needs, such as signage, parking, build-out, renewal options, and ability to assign or sublet.
3. Check whether your business name and entity are correct. If you need an EIN, or Employer Identification Number, that is the federal tax ID for a business. You can learn more at what is an EIN and how to get one and IRS.gov.
4. Get help from a licensed attorney familiar with commercial leases and real estate.

If you want, you can use our free matching service at how it works or get matched. Share only contact details and a short description of the lease issue, not sensitive personal or business information.