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Understanding
Business Concepts for Office
Space
Leases
There are many options and terms available when leasing Office
Space. You may
know precisely what you want in an Office
Space lease.
For those who do not, the following covers some of the areas which you
will want to address in your Office
Space lease
negotiations. In addition make sure you review The Basics of Leasing.
Escalation clause for the Office
Space. This
clause spells out how much the rent for
Office Space
will escalate with inflation. Ask for documentation on what the percentage
has been over the last five years for the Office
Space.
Renewal option for the Office
Space. Under
this clause, you have the option of renewal under the original base rent
for the Office
Space.
Maintenance on the Office
Space.
The lease for the Office
Space should
spell out what repairs or maintenance items you will be responsible for
under the terms of the lease
of the Office Space.
For instance if the door lock jams in the office space, who is responsible
to repair it? Is the lessor of the Office
Space, or management
company Office
Space, responsible
for the cleaning service; and how often do they clean the office space?
Even minor items, such as duplication of door keys to the Office
Space should
be addressed. If the building has a mandatory security system, who is
responsible for paying for it and maintaining contact with the administrators
concerning the Office
Space?TOP
Insurance on the Office
Space.
Often, the lessor of the Office
Space will request
proof of insurance coverage before the move-in. The lessor of the Office
Space must know
that you are covered for any damage you may cause during the move-in,
as well as have adequate liability coverage for injuries resulting in
the Office
Space. After
you move in the Office
Space the same
usually applies. The minimum coverage the lessor of the Office
Space expects
should be detailed in the lease.
Move-in/delivery regulations concerning the Office
Space.
If you move into a multi-occupancy Office
Space building,
it is possible that the management company of the Office
Space will have
rules regarding hours in which you may actually move into the Office
Space and specific
doors and elevators which you must use to do so. In addition, there may
be restrictions on times and types of deliveries to your Office
Space once you
have moved into your new office space.
Storage Space supplied to your Office
Space. If you
require storage space, you should determine if the landlord has such space
available and the costs associated with its use pertaining to your particular
Office
Space. Or will
you be allowed to build such an area in the Office
Space you lease
(see Renovations).TOP
Subleasing your Office
Space. The
lease
should clarify if a sublease concerning your Office
Space is permissible,
and the specific terms, if so.
Restrictions on Use of the Office
Space. The
lease should spell out any restrictions for use within the leased.
Office Space
.For instance the landlord
may restrict use of certain type of equipment within the Office
Space.
Improvements to the Office
Space.
There may be improvements concerning the Office
Space which
you agree to as part of the negotiations and these should be reflected
in the lease.
The ownership of these improvements to the Office
Space must also
be addressed in the lease. It should specify what happens to them when
the Office
Space lease
terminates. On the other hand, you may want to make changes within the
Office
Space you have
rented. The lease
should address your rights, and the extent to which you can do so. This
could be as simple as putting up a nonbearing wall, or installing a security
system in your Office
Space. If you
should decide your Office
Space would
better serve you with most of the walls removed, will you be able to do
it? What will the restrictions be? Will you be required to reinstate whatever
you remove in the Office
Space at the
end of the lease?
The reality of many of these things depend on the length of the lease
- the longer the lease
the more you can ask for. TOP
Heating/Air Conditioning (HVAC) in the Office
Space.
It is important that the hours of operation for the HVAC be addressed,
especially if you will be working in your Office
Space outside
the normal 9:00 to 5:00 hours and on the weekend. It is not unusual for
some buildings to operate the HVAC until 7:00 p.m. during the weekdays,
and not at all on the weekend. It's a little hard to get much work done
if you're too hot or cold. It might be possible to request installation
of an individual control thermostat for your Office
Space, or it
may be provided by the lessor. The lease should also spell out your responsibility
for the heating and air conditioning in your Office
Space. Is it
a percentage based on your square footage of your Office
Space? Does
it include the common areas outside of your Office
Space? Even
if you have an individual thermostat in your office space, you will likely
still be responsible for a percentage of the common areas outside of your
Office
Space. This
is one of those items you should find out in your initial research.
Renovations/Repairs to your Office
Space.
If there are items which you and the lessor agree should be done to the
Office
Space prior
to, or even after, move in, these items should be included in the lease.
TOP
Termination of Lease for Office
Space.
The terms of your right to end the lease
of your Office
Space is crucial,
as well as in which circumstances the landlord can do the same.
These are all items which are crucial to a lease
which you can live with. It is unlikely that the landlord for the Office
Space, or management
company for the Office
Space, will
automatically cover most of them. You must know what your needs are and
request that they be included in the negotiations and the final lease
agreement.
Consultation with an Office
Space attorney
during the lease
process is also important. Often the lease will contain language which
is entirely foreign to you. You certainly want to have an Office
Space attorney
look over the lease
prior to signing it; and it is in your best interest that you thoroughly
brief the attorney on the items which are important to you and those areas
which you and the landlord have agreed on (i.e. improvements), so that
the attorney can make certain that everything is properly addressed in
the lease.
TOP
Most importantly, make sure you understand the terms of the lease
for your Office
Space before
you sign it. It is a legally binding agreement, and not usually subject
to revisions after it is executed.
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