FAQ
Questions from the sideline.
The questions tenants, landlords, and brokers ask most — answered in plain English.
Do I need a lawyer to review a commercial lease?
For any lease that matters to your business, yes, and earlier than most people think. A commercial lease is one of the largest financial commitments a business signs, courts hold sophisticated parties to what they signed, and the provisions that cause the most damage (holdover penalties, operating-expense pass-throughs, relocation rights) rarely look alarming on the page. The guides on this site show you what to watch for; a lawyer applies them to your deal, your leverage, and your state's law.
When should I involve a lawyer: at the letter of intent, or when the lease arrives?
At the letter of intent. The LOI sets the business framework the lease is drafted from, and terms conceded there are hard to recover later. A short legal review of the LOI is inexpensive compared to negotiating against your own signed term sheet.
Can I actually negotiate a landlord's 'standard' lease?
Almost always. The 'standard form' is the landlord's opening position, drafted by the landlord's counsel to favor the landlord. What you can move depends on your leverage (market conditions, the size of the space, your creditworthiness), but even small tenants routinely improve cure periods, holdover terms, operating-expense exclusions, and security-deposit mechanics. Every guide on this site includes how its clause typically gets negotiated.
What are the most important clauses in a commercial lease?
It depends on the deal, but the recurring heavyweights are the operating-expense provisions (often worth more than base rent over the term), assignment and subletting (whether you can sell your business), the use clause, default and remedies, holdover, and (for retail) exclusives and co-tenancy. The clause guides on this site cover twenty of the provisions that decide negotiations.
What is an SNDA, and why is my landlord's lender involved in my lease?
A Subordination, Non-Disturbance, and Attornment Agreement governs what happens to your lease if your landlord's lender forecloses. Without non-disturbance protection, a foreclosing lender may be able to terminate your lease. See the SNDA & Estoppel Certificates guide for the full picture, and the Resources page for a sample form.
Does the Clause Coach give legal advice?
No. It compares the language you paste against typical negotiated market provisions and returns educational feedback. It cannot see your deal, your leverage, or your state's law, and no tool can tell you whether a clause is enforceable or right for your situation. It is a way to understand your language before you talk to a lawyer, not a substitute for one.
Does reading this site or contacting Paul make me a client?
No. The site is general education, and an initial call or message does not create an attorney-client relationship; that requires an engagement agreement. Until one is in place, please keep initial messages general and do not send confidential details.
What does it cost to have a lease reviewed?
It varies with the length of the lease and the stage of the negotiation, and a short call is the quickest way to get a real number. Reviewing a lease before signing is almost always a small fraction of what any one of its provisions can cost after signing.