Relocation Clause
(Office Lease) (Pro-Tenant)

Summary

This relocation clause is for use in an office lease agreement. This clause favors the tenant. While a landlord-friendly relocation clause is commonly included in the initial draft of a lease prepared by a landlord, the tenant can negotiate for pro-tenant modifications. This clause includes practical guidance and a drafting note. A relocation clause allows the landlord to relocate a tenant from its original premises to another space in the building. Landlords usually include this type of provision in their office leases to give them the flexibility to move a tenant if the need arises during the lease term. For example, a landlord might opt to relocate an existing tenant to accommodate the needs of a larger prospective tenant. Since relocating during the lease term can be very disruptive for a tenant and its business, the tenant should try to have the relocation provision deleted from its lease. If the landlord will not agree to delete the provision, the tenant should negotiate to include tenant-friendly language to the extent possible. This clause includes a number of pro-tenant elements that the tenant and its attorney should aim to incorporate. The capitalized terms used in this clause should be conformed to the defined terms in the relevant office lease. For a relocation clause that favors the landlord, see Relocation Clause (Office Lease) (Pro-Landlord). For guidance on drafting and negotiating an office lease agreement, see Office Leasing Resource Kit. For further information on commercial leasing, see Industrial Leasing Resource Kit, Restaurant Leasing Resource Kit, and Retail Leasing Resource Kit. See also Junior Associate Real Estate Resource Kit (Commercial Leasing). For guidance on drafting and negotiating commercial leases, see Industrial Lease Agreements, Office Lease Agreements, Restaurant Lease Agreements, and Retail Lease Agreements.