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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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