Drafting and Reviewing Commercial Leases

Sandonato Law represents both commercial landlords and commercial tenants in Massachusetts.

 

A commercial lease is a contract. If there's a merger clause, the lease controls — regardless of what either party remembers agreeing to verbally. That means the terms need to say what you actually want them to say before you sign, not after a dispute starts.

What a Commercial Lease Should Address

A well-drafted commercial lease should cover:

 

• The parties, the property, and the permitted use of the space

• Lease term and renewal options

• Rent amount, payment terms, and escalation clauses

• Whether the lease can be assigned or sublet, and under what conditions

• Responsibility for utilities, CAM charges, and other pass-through costs

• Security deposit terms

• Common area access and maintenance responsibility

• Insurance requirements for both parties

• Tenant improvements and what happens to them at lease end

• Casualty and destruction of premises provisions

• Termination and modification terms

• Default and cure provisions

• Enforcement and remedies available to the landlord

• Grounds for eviction, including non-payment

• Holdover terms if the tenant stays past the lease term

• Indemnification language

• Notice requirements for communication between the parties

Why This Matters

Most commercial lease disputes come down to what the lease actually says. A lease that's missing or vague on a key provision — assignment consent, default cure periods, CAM calculation — creates ambiguity that benefits whichever side is willing to litigate it. A lease drafted with your specific property and tenant mix in mind avoids that ambiguity from the start.

Contact

If you need a commercial lease drafted or reviewed before you sign, contact Sandonato Law.

 

Contact Sandonato Law    Call (617) 481-2742