LeasePlaybook^™

The language that wins the lease

The commercial lease clauses that drive negotiations — explained play by play, in plain English.

A commercial lease is won or lost in its language — long before anyone signs. LeasePlaybook^™ walks landlords, tenants, and brokers through the most significant provisions in the deal: what each clause does, what each side is trying to accomplish, where the traps are, and how the issues typically get resolved.

Explore the clauses Get help with your lease

20+

Clause guides, plain English

50+

Court decisions cited

45+

Lease clauses reviewed

2

Fillable forms, free to use

Who this is for

Tenants

Your landlord’s lease was drafted to protect your landlord. Learn what the form is doing, which provisions carry real financial exposure, and which points experienced tenants negotiate before signing.

Landlords

Understand what sophisticated tenants will ask for and why, so your form anticipates the negotiation instead of stalling it — and so the concessions you make are the ones you can afford.

Brokers

Letters of intent set the framework the lawyers inherit. Know the clause-level issues behind the business terms so the LOI you write holds up when the lease is drafted.

How each guide works

1
What the clause does. A plain-English explanation of the provision and why it is in the lease.
2
What each side wants. The landlord’s objectives, the tenant’s watch points, and the drafting traps that catch the unwary.
3
How it gets negotiated. Where the negotiation usually lands, and the plays that drive success.
4
What the law says. Notable cases and state-law differences that shape how the clause is enforced.
5
Game film. Real clauses from real leases, pulled from publicly filed deals, so you can see how the provision reads when sophisticated parties sign it.

These guides are general information, not legal advice. The right language for your lease depends on your deal, your leverage, and your state’s law — that is where experienced counsel comes in.

The most significant clauses

From the use clauses on page one to the boilerplate at the back, every guide follows the same structure, and every one ends where your deal begins. The LeasePlaybook^™ gives you the know-how and strategy to negotiate your way to a successful deal.

Clause 1Permitted Use The Use clause identifies what the tenant may do at the premises. A narrow Use clause functions as a control on tenant mix, an anchor for… Read more → Clause 2Exclusive Use The Exclusive Use clause restricts the landlord from leasing other space in the project to a competing use. Scope, carve-outs, and remedies are… Read more → Clause 3Co-Tenancy The Co-Tenancy clause conditions the tenant’s rent obligation and continued occupancy on the presence of other named tenants (typically anchor… Read more → Clause 4Prohibited Uses The Prohibited Uses clause bars specified categories of tenants or activities from the project. Unlike an exclusive use covenant, which protects a… Read more → Clause 5Assignment & Subletting Assignment transfers the tenant’s entire interest under the lease; subletting transfers possession of all or part of the premises for a portion of… Read more → Clause 6Right of First Offer / Right of First Refusal A Right of First Offer (ROFO) requires the landlord to first offer additional space to the tenant before marketing it to third parties; a Right of… Read more → Clause 7SNDA & Estoppel Certificates A Subordination, Non-Disturbance, and Attornment Agreement (SNDA) governs the relationship between the tenant and the landlord’s mortgage lender.… Read more → Clause 8CAM & Operating Expenses Operating Expenses (called CAM, or Common Area Maintenance, in retail and shopping-center leases) is the additional rent that the tenant pays to… Read more → Clause 9Tenant’s Improvements & Construction The TI & Construction provisions govern how the premises are built out and delivered. The Work Letter (typically an exhibit) defines the scope of… Read more → Clause 10Default & Remedies The Default & Remedies provisions govern what constitutes a default by either party, the notice and cure mechanism, and the remedies available to… Read more → Clause 11Insurance, Indemnity & Casualty Three intertwined provisions allocate the physical and financial risk of loss between landlord and tenant. Insurance specifies what each party… Read more → Clause 12Surrender, Holdover, and End-of-Term End-of-term provisions govern Tenant’s obligations on lease expiration and what happens if Tenant remains in possession beyond the expiration… Read more → Clause 13Repairs & Maintenance The Repairs & Maintenance clause allocates responsibility for the ongoing physical maintenance of the premises and the project. Landlord typically… Read more → Clause 14Guaranties A Guaranty is a third-party promise (by an individual principal, parent entity, or affiliate) to perform the tenant’s obligations under the… Read more → Clause 15Security Deposits & Letters of Credit A Security Deposit is the tenant’s own collateral (cash, a letter of credit, or another substitute) held by the landlord as security for… Read more → Clause 16Renewal of Lease A Renewal Option gives Tenant the right to extend the Lease Term for one or more additional periods at Tenant’s election. The clause is a… Read more → Clause 17Relocation of Tenant A relocation provision gives Landlord the right to move Tenant from the original Premises to another location in the Project, typically to… Read more → Clause 18Radius Restriction A Radius Restriction (also called a "radius clause" or "non-compete") restricts the Tenant from operating a competing business within a defined… Read more → Clause 19Exculpatory Clauses Exculpates or limits the landlord's liability under the lease. Two common forms: (i) a complete limitation of liability capped at landlord's… Read more → Clause 20Boilerplate Provisions “Boilerplate” refers to the general provisions gathered near the end of a commercial lease: notices, force majeure, integration, waiver,… Read more →

Negotiating a commercial lease?

Paul Barton has negotiated hundreds of commercial leases across the United States — for tenants, landlords, and the brokers who bring them together. Get experienced counsel before you sign.

Contact Paul (503) 558-5293