Access and Easements Clauses
(Commercial Lease)

Summary

These access and easement clauses may be included in a commercial lease to provide access to the leased premises and surrounding areas. These clauses include practical guidance and drafting notes. Access to the premises and surrounding areas is important to both the landlord and the tenant. The principal concerns of the landlord usually relate to maintenance of the property and showing it to prospective lessees, purchasers, or mortgage lenders. A tenant's concern for access relates to the right to use some parts of the landlord's property not leased by the tenant for entering and leaving the leased premises. This may involve the right to use elevators, access of customers in a shopping center to the tenant's store, the use of common hallways, stairways, and the like. The capitalized terms and section references used in this clause should be conformed to those used in the relevant commercial lease. For a full listing of key content covering retail leasing, see Retail Leasing Resource Kit. For a discussion of drafting and negotiating specific types of commercial leases, see Office Lease Agreements, Retail Lease Agreements, and Industrial Lease Agreements.