Office Space: What You Should Know About Relocation Provisions In Leases

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The office lease is one which contains many terms. Some are in there for the benefit of the landlord while others may help out the tenant in one way or another. One which falls within the former category is the relocation provisions term. This is sometimes found in a commercial office space lease and allows the landlord to relocate the office space tenant to another office space location within the building or office park should the landlord need to, or want to, accommodate a new tenant looking for larger office space. When this does occur, although not that often, it usually involves a situation where a company wants to lease a larger office space, such as an entire floor of an office building, and there is already a smaller company in place, which ultimately doesn’t need or use all of the space.

Why The Landlord Wants This Lease Term Included

A commercial landlord likes to have this type of term included within the lease because it is a safeguard for them, and a monetary one at that, should an interested party want to lease a larger office space which could be available should the landlord move a current tenant into a different space. This type of lease term enables the landlord to rent out more of their office space and gain  more income simply from doing so.

Although this is a standard lease term, it is one which not all landlords are able to have included due to some resistance from office space tenants at the time of the lease signing. Should the landlord be successful in having the office space tenant agree to this term, the landlord will be responsible for all costs associated with the tenant relocation should the landlord opt to put this lease term into play.

Why The Tenant Doesn’t Want This Lease Term Included

Frequently, an office space tenant will not want this type of lease term included within their commercial office space lease. Those who lease office space, usually choose their office space of choice due to its location, size, view and more. After all, why would the tenant want to be moved around after they carefully select their office space? However, during the negotiations and prior to signing the lease, this term often comes up in conversation and has to be decided upon at that point.

How an Office Tenant Can Have This Term ExcludedOffice Space

Most commercial tenants would want this term excluded. Therefore, it’s important to review the lease terms thoroughly to make sure relocation provisions are not included or, if they are, this can be discussed during lease negotiations with the landlord prior to signing the lease. By removing the relocation provisions term from the lease, you will ensure that you will not have to move to another spot during the lease, simply because the landlord wants to make more money off of an additional tenant who may want to occupy your space. Should the landlord not agree to omitting the relocation provisions term, just be sure that it is as fair to you, the tenant, as possible and that you know what could happen in the future should the relocation provisions term be put into play.

What Are Your Signage Options When Signing Your Office Lease

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When you lease or buy commercial office space, you’ll want to advertise your presence at the location in one way or another. When you buy the office space, you will usually have countless options as to signs on and around the premises. However, if you lease commercial office space, there may be restrictions in place concerning placement of signs or even restrictions stating that no signs are allowed and you are basically a hidden entity from those passing by. This is why it’s important to ask about signage options, requirements and restrictions before you sign the lease.

Why Is Signage Important?

First and foremost, you want the proper signage outside of the leased commercial office space advertising your business so customers can find you, whether they are current customers or prospective ones. When you have the proper signage, your customer base will improve as will your business’ income. This type of advertisement is the easiest way to draw people in and a cost-efficient method as well.

Why Might Landlords Restrict the Use of Signs?

There are a few different reasons why landlords may restrict the use of signs by their commercial tenants. First, they may not have the room to allow all tenants to put up signs, especially if there are many office space tenants within the building. Also, there may be city restrictions and zoning laws regarding signage, which wouldn’t be the landlord’s fault but simply something which prevents the tenant from advertising at the building. In addition, the landlord may not want a bunch of signs all over the building and simply restrict signage for that purpose alone. These are some of the more common reasons why landlords don’t want signs on their property.

How Does the Tenant Go About Getting Their Sign Up and Presence Known?

The best way to get your sign posted, whether it is a stand-alone sign only promoting your business or your name on a large sign alongside all of the other office tenants within the building, is to negotiate properly with the landlord during the lease negotiations. Some landlords will be flexible with regard to signage and, in this case, getting your sign posted is not a big deal. However, for other landlords who may be more hesitant to allow signs, you’re going to want to negotiate this factor prior to signing the lease.

If the landlord refuses to allow you to put up a stand-alone sign, see if they would agree to an addition to a sign already posted which has other office space tenants listed on it. This shouldn’t make or break the lease deal, however, if it is that important to you as a tenant, which it should be, try to work with the landlord to get some sort of signage posted. After all, if people don’t know where you are located or new customers can’t come across your business with ease, this will hurt you as a business owner. Negotiation is key so try to work with the landlord to secure some type of signage along with your commercial office space lease.

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Office Space Tenants Often Pay More Than Just Rent

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Office SpaceWhen business owners lease commercial office space, there is often more to consider in the way of expenses than just rent. One would like to think that a rent payment each month or year would cover all of the tenant’s costs, but this is usually not the case. Most office space tenants will have to pay an additional rent, such as operating expenses, under the lease terms. Here are some things which all commercial office space tenants must keep in mind when signing a new office space lease.

Business Owners Are Responsible for Rent Plus Operating Expenses

In addition to paying the set rent for the office space, commercial tenants will also pay operating expenses. These are items which the landlord must pay out in order to keep the building running. Some of these costs may include taxes, insurance, utilities, common area maintenance and more. Since these can be quite costly, it only makes sense to have the tenant share in some of the financial responsibility for operating features which they make use of as well.

The Costs Will Be Stated in the Lease

These operating costs may be few or many in number, depending on the individual commercial office, landlord, location and added features of the building itself. In order to have the right knowledge regarding what the tenant is responsible for and how much these items may cost on a monthly or annual basis, the operating expenses must be listed in the lease. The lease must be very detailed regarding what the tenant is required to pay, what the landlord will pay and how and when these payments are due.

Operating Expenses May Fluctuate Throughout the Lease Term

It would be nice if there were concrete numbers with regard to operating expenses, however, many times these operating expenses will fluctuate. In fact, most operating expenses will vary in amount but there is usually an average number for which the tenant can calculate approximately how much they will be paying in addition to the base rental payment. For most office space tenants, they will have to pay a portion of the operating expenses based on the amount of tenants in the office building, if more than a single tenant setting, and what the landlord requests in the lease. Although the portion of the operating expenses which the tenant needs to pay will be a set percentage, the cost of the operating expenses will still fluctuate.

The Best Way to Understand Operating Expenses Is With a Tenant Representative’s Help

Operating expenses can be a bit difficult to understand, especially if one is new to the commercial office space leasing arrangement. In order to have a good grasp as to what these operating expenses are and how much you will need to pay, having a tenant representative by your side during negotiations, lease signing and beyond will help. The tenant representative will thoroughly examine the operating expense clause and provide you with detailed information on what you will need to pay in addition to your commercial office space rent.

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Assignment & Subletting Clauses Are Necessary in Office Space Leasing

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Office SpaceThe steps one must take to lease commercial office space are plentiful in number. Once you find the perfect office space to lease, you then have to delve into the lease terms and negotiations to ensure that the arrangement is beneficial to you, the tenant. The commercial lease has many terms to read through and there are certain clauses which must be included in order to properly protect you as a tenant. Two clauses in particular which are a must when it comes to lease inclusion include the assignment clause and subletting clause.

When you enter into a lease, you never know what the future may bring. Most business owners would like to believe that they will be in the leased premises to the end of the lease term but this is not always the case. Instances may arise where exiting the commercial office space ahead of the lease term expiration is a necessity. This is where assignment and sublease clauses will come in handy.

Understanding Assignment and Sublease Clauses

With both of these clauses, the current tenant may have another tenant move into their position under the current lease. With an assignment, the tenant will assign the remainder of their lease term to another tenant. From that point forward, the initial tenant is no longer involved with the lease agreement. As for a sublease situation, the initial tenant will have a new tenant take their place in the lease but the initial tenant will still be responsible for any payments which the landlord does not receive from the subletting party. In general terms, an assignment clause is more favorable to a tenant than a subletting clause as it allows the tenant to be done with the lease once and for all as soon as the new tenant enters the picture.

How the Inclusion of These Clauses Will Safeguard the Tenant

Both of these clauses will safeguard the tenant by providing them with a way out of the lease agreement, in some form, should they need to move out for any reason. No business owner expects that they will have to leave prior to the lease term but there are certain instances which may occur that make it necessary to assign or sublet the remainder of the lease to another party. When the clauses are included within the lease, this provides an option for the tenant, if it is needed.

Landlord May Insert Various Requirements in the Assignment and Sublease Clauses

There may be certain specifications included within these clauses to help protect the landlord’s financial security should an assignment or sublease take place. The landlord may require that the new tenant is financially secure and will be able to pay rent when due. There may also be some added fees that the current tenant must pay to the landlord in order to ascertain the financial stability of the new tenant, such as fees for credit checks, etc. All of these factors can be discussed during lease negotiations to ensure that both parties are safeguarded in the arrangement.

Always review your lease prior to signing it and make sure that an assignment and/or sublease clause is present and will benefit you as the tenant.

Steps For Using Financial Analysis Results In Negotiations

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There are many ways to negotiate when it comes to commercial office space leases. Financial analysis is one tool which will help in your negotiations with current or prospective landlords. The financial analysis is the process by which you consider all of the costs associated with the lease and then use a financial program to come up with an end figure detailing how much the lease will truly cost you as a commercial tenant. It is these figures which will help you in the negotiation phase of commercial office space leasing.

Why You Need Financial Analysis for Negotiations

Negotiations for commercial real estate leasing are time-consuming and involved in nature. You are not simply renting a home or an apartment, you are securing an office space lease which often carries with it a lengthy lease term. There is plenty to discuss during commercial leasing negotiations and large amounts of money at stake. Therefore, you want to be sure that the negotiations work well in your favor, the tenant. Financial analysis figures will help to show the landlord what you will be paying, outside of simply the base rental payments.

There are many other costs to consider with commercial office space leasing and you want to bring such costs to the attention of the landlord. This will also be a beneficial path to pursue, since you want to determine what your landlord will pay for and what you will be responsible for paying on your end of the tenancy. A financial analysis will lay it all out on the table and ensure that no stones are unturned during the leasing negotiation process.

Steps for Using Financial Analysis Figures During Negotiations

When a landlord is figuring out how much to charge a tenant for rent, they look at the effective rental rate. This rate takes into consideration factors such as market rental rates seen in comparable buildings, building operating costs and total transaction costs. With these three encompassing factors in mind, the landlord comes up with the rental rate. How do tenants go about reducing the rental rate asked for at negotiations? By completing a financial analysis of their own. By doing so, the tenant can show that certain aspects should be less, or more, in cost to get the negotiations to favor their side and, ultimately, result in a lesser amount on the overall rental rate.

To have your points duly noted, use a proper financial analysis program to come up with the figures. This will hold the most weight when you are in the negotiation phase with your landlord as you have concrete figures to show for your point of view. Also, have a tenant representative along with you for the negotiations. It’s important to be properly represented so that you are not going it alone in negotiations with the landlord. Lastly, be reasonable with your requests, especially if the office space is a highly coveted one and there is a bit of competition as to other prospective tenants wanting the same location as you. The landlord will be less likely to be flexible if there is another business owner out there who will pay the asking price for the office space lease.

Financial analysis is extremely important in commercial office space lease negotiations and you want to make sure you sit down at the negotiation table with financial analysis paperwork in hand and a tenant representative by your side.