A commercial lease is often a business's second-largest commitment after payroll. Unlike residential leases, commercial leases offer few legal protections by default. A commercial lease attorney helps you negotiate terms that protect your business.
Commercial leases are long and complex. Moreover, landlords' standard forms usually favor the landlord. However, many terms are negotiable, especially before you sign. Therefore, a careful review can save significant money over the lease term.
This guide explains lease types, key clauses, personal guaranties and how flat-fee drafting and review work.
Types of commercial leases
Commercial leases differ in how costs are shared. In a gross lease, the tenant pays one rent, and the landlord pays operating costs. In a triple net (NNN) lease, by contrast, the tenant pays base rent plus property taxes, insurance and maintenance.
Modified gross leases fall in between. As a result, comparing spaces requires comparing total occupancy cost, not just base rent.
CAM charges
Common area maintenance charges cover shared spaces. They can grow unexpectedly. Therefore, negotiate caps, audit rights and clear exclusions, such as capital improvements.
Key clauses to negotiate
Several clauses deserve close attention. First, the term and renewal options decide how long you can stay. Second, assignment and subletting rights decide whether you can sell your business with the lease. Third, the permitted use clause should be broad enough for future growth.
Additionally, retail tenants should seek exclusivity clauses that stop the landlord leasing to direct competitors. Furthermore, all tenants should review repair obligations, insurance requirements and default provisions carefully.
Our Commercial Lease Review explains each risk and suggests changes. If you are the landlord, our Commercial Lease drafting service starts at $99.
Personal guaranties
Landlords often ask small business owners to guarantee the lease personally. A guaranty makes you personally liable if the business cannot pay. Consequently, it can put your home and savings at risk.
Guaranties can often be limited. For example, you might cap the amount, limit the duration or use a "good guy" guaranty that ends when you surrender the space. Our lease guaranty service drafts or reviews these terms.
Build-outs and improvements
Many tenants must improve the space before opening. The lease should say who pays, who does the work and who owns the improvements. Moreover, a tenant improvement allowance should be clearly defined.
If you hire contractors, review their contract too. Our construction contract review checks scope, payment and lien protections. For property purchases instead of leases, see our guide to commercial real estate closings.
Our Commercial Leases services in the USA
Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in the USA. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.
Commercial Lease Agreement in the USA
Retail, office or industrial lease with CAM, use, and assignment clauses.
Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Commercial Lease Agreement — from $99 See what's included →
Commercial lease review in the USA
A licensed US attorney reviews your commercial lease — rent, term, CAM charges, repairs, personal guarantee and exit rights and explains what it means for you, the risks and red flags, and what to do or negotiate next — in plain English.
It includes line-by-line review by a licensed US attorney, plain-English summary of key terms, risks and red flags, suggested changes, questions or negotiation points. Moreover, it is usually ready in 2 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Lease Guaranty Agreement in the USA
A co-signer guaranty for a tenant's obligations.
Moreover, it is usually ready in 2 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Lease Guaranty Agreement — from $39 See what's included →
Commercial real-estate consultation in the USA
A confidential 45–60 minute phone or video consultation with a licensed US attorney about your commercial real-estate deal or dispute. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.
It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Order Commercial real-estate consultation — $399 See what's included →
Lease review in the USA
A licensed US attorney reviews your residential lease before you sign and explains what it means for you, the risks and red flags, and what to do or negotiate next — in plain English.
It includes line-by-line review by a licensed US attorney, plain-English summary of key terms, risks and red flags, suggested changes, questions or negotiation points. Moreover, it is usually ready in 2 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Business-law consultation in the USA
A confidential 45–60 minute phone or video consultation with a licensed US attorney about your business legal question. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.
It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Order Business-law consultation — $299 See what's included →
Construction contract review in the USA
A licensed US attorney reviews your construction contract — scope, payment, change orders, delays, liens and warranties and explains what it means for you, the risks and red flags, and what to do or negotiate next — in plain English.
It includes line-by-line review by a licensed US attorney, plain-English summary of key terms, risks and red flags, suggested changes, questions or negotiation points. Moreover, it is usually ready in 2 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Construction contract review — $450 See what's included →
Commercial Leases services near you — every state we cover
Because everything is handled online, it makes no difference where you live. Nevertheless, the law does change from state to state, so every document is prepared for your local rules. Here are some of the places our clients come from most often.
Commercial Leases help in California
We prepare commercial leases documents for California law and local court practice. Clients come to us from Los Angeles (near the Stanley Mosk Courthouse downtown), San Diego (near the Hall of Justice on West Broadway), San Francisco (near the Civic Center courthouse on McAllister Street). For example, see Commercial Lease Agreement in Los Angeles, Commercial Lease Agreement in San Diego, Commercial Lease Agreement in San Francisco. Similarly, see Commercial lease review in California.
Commercial Leases help in Texas
We prepare commercial leases documents for Texas law and local court practice. Clients come to us from Houston (near the Harris County Civil Courthouse), Dallas (near the George L. Allen Sr. Courts Building), San Antonio (near the Bexar County Courthouse), Austin (near the Travis County Civil and Family Courts Facility). For example, see Commercial Lease Agreement in Houston, Commercial Lease Agreement in Dallas, Commercial Lease Agreement in San Antonio, Commercial Lease Agreement in Austin. Similarly, see Commercial lease review in Texas.
Commercial Leases help in Florida
We prepare commercial leases documents for Florida law and local court practice. Clients come to us from Miami (near the Miami-Dade County Courthouse on West Flagler Street), Orlando (near the Orange County Courthouse), Tampa (near the George E. Edgecomb Courthouse). For example, see Commercial Lease Agreement in Miami, Commercial Lease Agreement in Orlando, Commercial Lease Agreement in Tampa. Similarly, see Commercial lease review in Florida.
Commercial Leases help in New York
We prepare commercial leases documents for New York law and local court practice. Clients come to us from New York City (near the New York County Courthouse at 60 Centre Street and the immigration court at 26 Federal Plaza), Brooklyn (near the Kings County Supreme Court on Adams Street). For example, see Commercial Lease Agreement in New York City, Commercial Lease Agreement in Brooklyn. Similarly, see Commercial lease review in New York.
Commercial Leases help in Illinois
We prepare commercial leases documents for Illinois law and local court practice. Clients come to us from Chicago (near the Richard J. Daley Center). For example, see Commercial Lease Agreement in Chicago. Similarly, see Commercial lease review in Illinois.
Commercial Leases help in Georgia
We prepare commercial leases documents for Georgia law and local court practice. Clients come to us from Atlanta (near the Fulton County Courthouse). For example, see Commercial Lease Agreement in Atlanta. Similarly, see Commercial lease review in Georgia.
Commercial Leases help in Arizona
We prepare commercial leases documents for Arizona law and local court practice. Clients come to us from Phoenix (near the Maricopa County Superior Court). For example, see Commercial Lease Agreement in Phoenix. Similarly, see Commercial lease review in Arizona.
Commercial Leases help in Pennsylvania
We prepare commercial leases documents for Pennsylvania law and local court practice. Clients come to us from Philadelphia (near City Hall, home of the Court of Common Pleas). For example, see Commercial Lease Agreement in Philadelphia. Similarly, see Commercial lease review in Pennsylvania.
Commercial Leases help in Washington
We prepare commercial leases documents for Washington law and local court practice. Clients come to us from Seattle (near the King County Courthouse). For example, see Commercial Lease Agreement in Seattle. Similarly, see Commercial lease review in Washington.
Commercial Leases help in Colorado
We prepare commercial leases documents for Colorado law and local court practice. Clients come to us from Denver (near the Denver City and County Building). For example, see Commercial Lease Agreement in Denver. Similarly, see Commercial lease review in Colorado.
Commercial Leases help in Massachusetts
We prepare commercial leases documents for Massachusetts law and local court practice. Clients come to us from Boston (near the Edward W. Brooke Courthouse). For example, see Commercial Lease Agreement in Boston. Similarly, see Commercial lease review in Massachusetts.
Commercial Leases help in Nevada
We prepare commercial leases documents for Nevada law and local court practice. Clients come to us from Las Vegas (near the Regional Justice Center). For example, see Commercial Lease Agreement in Las Vegas. Similarly, see Commercial lease review in Nevada.
Commercial Leases help in New Jersey
We prepare commercial leases documents for New Jersey law and local court practice. Clients come to us from Newark (near the Essex County Hall of Records). For example, see Commercial Lease Agreement in Newark. Similarly, see Commercial lease review in New Jersey.
Commercial Leases help in North Carolina
We prepare commercial leases documents for North Carolina law and local court practice. Clients come to us from Charlotte (near the Mecklenburg County Courthouse). For example, see Commercial Lease Agreement in Charlotte. Similarly, see Commercial lease review in North Carolina.
We also help clients in Alabama, Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. See every location we cover.
Commercial Lease Agreement in every state
Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming
Frequently asked questions
What is a triple net lease?
A lease where the tenant pays base rent plus property taxes, insurance and maintenance costs, usually a share of the building's totals.
Are commercial lease terms negotiable?
Yes. Rent, term, renewal options, CAM caps, assignment rights and guaranties are commonly negotiated, especially before signing.
Should I sign a personal guaranty for my business lease?
Only after understanding the risk. Many guaranties can be capped or limited in time, or replaced with a good guy guaranty.
How much does a commercial lease review cost?
Our attorney commercial lease review is a fixed fee, and commercial lease drafting starts at $99.
Do you review commercial leases in every state?
Yes. We draft and review commercial leases for properties in all 50 states.
Contact American Counsel
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✉ Email: support@american-counsel.com
🌐 Service area: online across all 50 US states and Washington, D.C.
🕑 Response: most enquiries answered the same working day
Related guides
This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.
