Attorney's Role in the Retail Leasing Process


Summary

This practice note discusses the attorney's role in identifying retail leasing concerns from both the landlord and the tenant perspective. A retail lease agreement sets forth the terms and conditions under which a tenant leases retail space from the landlord within a mixed use development, shopping center, or retail area of any other property or project. Given the number of economic and noneconomic issues that must be addressed, retail leases can become complicated. When negotiating a retail lease on behalf of a client, an attorney should focus both on rights and obligations with immediate impact (e.g., rent, tenant improvements, use, and parking) as well as those provisions that may not concern the parties until later in the term (e.g., assignment and subletting rights, options to extend the lease or expand the premises, and early termination rights). At the end of the day, whether representing the landlord or the tenant, the attorney's goal should be to produce a lease that the ...