When negotiating a commercial real estate office lease, business owners with the best of intentions tend to concentrate on two issues; rate and build-out (tenant improvements).

Here are 125 other areas where tenants can expose themselves to future problems if not negotiated properly.

PREMISES
1. Use of Premises
2. Warranty of Use
3. Common Building Facilities
4. Measurement of Office Building Premises
5. Usable Area
6. Rentable Area

TERM
7. Defining the Term
8. Existing Premises
9. Early Occupancy
10. Landlord's Failure to Deliver Possession
11. Holding Over

RENTAL RATE
12. Base Rental
13. Fixed Rent
14. Free Rent
15. Cost of Living Adjustments
16. Direct Metering, Sub-metering

OPERATING EXPENSES & TAXES
17. Operating Expense Escalations
18. "Grossing Up" Operating Expenses
19. Operating Expenses / Capital Expenditures
20. Operating Expense Exclusions
21. Operating Expense Audit
22. Management Fees
23. Taxes and Assessments
24. Real Estate Tax Exclusions

CONSTRUCTION
25. Substantial Completion
26. "As-Is" Condition
27. Tenant Move-In
28. Tenant Delays; Excusable Delays
29. Long Lead Item
30. Punch-List Penalty
31. Removal
32. Holding Over / Construction Delay
33. Landlord Allowances
34. Construction Drop Dead Date
35. Construction Schedule
36. Workletters
37. Building Standard Specifications
38. ADA Compliance - Premises
39. ADA Compliance - Building
40. Code Issues, Fire & Life Safety, Sprinklers
41. Completion of New Office Premises

OPTIONS
42. Right of First Offering to Lease Additional Space
43. Right of First Refusal to Lease Additional Space
44. Options to Purchase
45. Right of First Refusal to Purchase
46. Option to Contract
47. Option to Extend or Renew a Lease
48. Termination Options

CONDITIONS OF PREMISES
49. Alterations
50. Landlord's Inspection of Premises
51. Damage and Destruction
52. Damage to Premises
53. Landlord Agrees to Repairs
54. Mechanics' Liens
55. Surrender
56. Early Termination of Lease
57. Redelivery at End of Term
58. Fixtures

SUBLEASING & ASSIGNMENT
59. Provisions for Assignments and Subleases
60. Consent Standards
61. Redefining the Assignment and Sublease
62. Recapture and Profit Sharing
63. Sublet to Affiliate

LANDLORD SERVICES
64. Rules and Regulations
65. Landlord's Services
66. Common Areas
67. Electrical Usage
68. Utilities
69. Landlord Failure to Furnish Services
70. After Hours Services
71. Chilled Water for Supplemental AC
72. Repairs and Maintenance

ENVIRONMENTAL COMPLIANCE
73. Landlord's Warranty of Compliance
74. Compliance with Environmental Law
75. Air Quality (ASHRAE)
76. Temperature Specification
77. Landlord Hazardous Material Representation, Warranty and Indemnification

INSURANCE
78. Landlord Insurance
79. Tenant's Insurance
80. Insurance Increase due to Tenant
81. Indemnification
82. Liability Insurance
83. Property Insurance
84. Waiver of Subrogation

DEFAULT
85. Events of Default
86. Tenant's Cure Rights
87. Tenant Default Notice
88. Late Charges
89. Landlord Mitigation of Default
90. Default by Landlord and Tenant's Remedies
91. Landlord's Lien

LEGAL SECURITY
92. Security Deposits
93. Letters of Credit
94. Joint and Several Liability
95. Personal Liability Elimination

CONDEMNATION
96. Condemnation and Eminent Domain
97. Total Taking
98. Partial Taking
99. Temporary Taking
100. Landlord's Restoration of Premises
101. Allocation of Condemnation Award

I

INDEMNIFICATION
102. Waiver and Release
103. Mutual Indemnification
104. Landlord Indemnification
105. Landlord Negligence

GENERAL PROVISIONS
106. Access Provisions
107. Subordination/Non-Disturbance
108. Arbitration
109. Submission of the Lease
110. Lease Execution Drop Dead Date
111. Time is of the Essence
112. Consents and Approvals
113. Estoppel Certification
114. Notices
115. Attorney's Fees
116. Waiver of Jury Trial
117. Representation and Warranties by Landlord
118. Equipment Allowed in the Premises
119. Consent and Approval
120. Signs
121. Covenant of Quiet Enjoyment
122. Succeeding Party to Landlord
123. Force Majeure
124. Building and Premises Security Management
125. Parking

Before you start negotiating with landlords over what you may believe to be a simple lease or renewal, pay attention to all of the areas that need to be covered.

Alternatively, seriously think about engaging the services of a Senior Level Tenant

Rep on an exclusive basis to make sure you are protected.

In most cases you will not be charged for the Tenant Rep's services since typically there is a fee split arrangement with the Landlord's listing broker.

This is cheap insurance in order to avoid getting burned.