As you enter negotiations for an office space lease, you will want to have some idea of what clauses you can expect to find in the lease. Here are a few more common lease terms that you will typically run across:
3. Use Clause. The use clause defines how you will be able to use your space. Limitations might include what kind of business you will conduct, what products or services you will sell, or even something as vague as the quality of your operation. Landlords might impose these restrictions for a few reasons:
- The landlord is worried about liability issues for certain types of businesses.
- The landlord has made agreements with other tenants to not rent to competition.
- The landlord dislikes certain kinds of business activities.
You will want to try to avoid these restrictions as much as possible; in the best case scenario, your landlord does not include this clause at all.
4. Exclusive Clause. This is a promise by the landlord that states that you are the only business in the mall or building that may carry a certain product or engage in a type of business. If you have this clause, it means that other tenants will have clauses that forbid them from conducting business that would violate your exclusive clause. Typically the most powerful “anchor” business in a building gets these exclusive rights.
Do a little research and be prepared to be a savvy negotiator for your business!