What Types of Leases?
This checklist applies mainly to substantial commercial space leases, for both retail and office tenants. Most issues here will apply to some leases but not others. You should interpret almost every item in the checklist as if prefaced by the words “if applicable, appropriate, desired, and possible under the circumstances, taking into account the size and nature of the transaction, the condition of the market, the tenant’s business and anticipated use of the premises, the needs and negotiating positions of the parties, the timing, and all other circumstances.” Some items on the list are appropriate only for very large tenants, occupying all or most of a large building. For a smaller tenant to raise some of these issues would be odd. Certain issues in this checklist will apply only to certain types of leases. The checklist does not attempt to explain which issues apply to which types of leases. The checklist also does not suggest how a landlord might respond to any of these issues. Beca
