5.4
Commercial Lease Considerations

When entering a commercial lease, you need to understand how different provisions can impact your business operations. A well-negotiated lease can provide stability and predictability, while a poorly considered lease can lead to unforeseen challenges and financial strain. This section aims to introduce you to some of the key elements of commercial leases, helping you make informed decisions that align with the needs and goals of your business. From understanding the types of leases available to evaluating space, term, improvements and operating costs, this information will help you prepare for the complexities of commercial leasing. By carefully considering each aspect, you can secure a lease that supports your business's long-term success.

Types of leases: be sure to understand the types of lease agreements available. There are many, including gross rent lease (GRL), modified GRL, net lease (NL), double NL, triple NL and percentage rent lease. Determine which is best for you.

Space: understand the difference between usable and rentable square feet.

  • Usable square feet is the space contained within your demised premises that you can use.
  • Rentable square feet includes a proportionate share of the common areas of the building and on which rent will usually be charged.
Term: for the sole or small firm practitioner even five years may be a long time. Consider if a short-term lease (possibly with renewal terms) is preferable to a longer-term lease.

Improvements
: you can ask for anything you want but remember there is always a cost attached. Consider the types of improvements and upgrades that can be made and who is responsible for the costs. Don't get carried away.

Assignment: determine whether you can assign your rights, whether the landlord’s consent is required and, if so, if it can be unreasonably withheld.

Personal guarantees: the landlord may ask for them but be cautious. Ensure you get legal advice and consider negotiating the terms.

Moving allowance and free rent
: you may be able to get these perks now which may be helpful but remember you may have to pay them back over the term of the lease.

Operating costs
: most operating costs are beyond the control of the landlord such as property taxes, maintenance costs and utility costs. Check the operating costs history and negotiate a cap on any increase from year-to-year if you can. Check out the reasonableness of the operating costs with a knowledgeable commercial realtor.

Insurance
: make sure you understand your insurance obligations under the lease and how much it will cost to meet them.

Option to renew
: a renewal clause gives you the right to continue leasing the premises, and often sets out a notice period, the duration of the new lease term, and other details. Renewal clauses may also specify the rental amount for the new lease term, which may be a good right to have in a rising market as opposed to a static or declining market.

Option to expand
: consider if you need additional space adjacent to your premises with the option to expand into it, or a right of first refusal on the space.

Arbitration clause
: if you have a right to renew with the rent amount to be settled by arbitration, be very careful with the arbitration clause, as the process may involve costs and complexities that are often overlooked. It's crucial to understand the potential implications and ensure that the clause is fair and transparent. Consulting with a legal expert specialized in commercial leases can help navigate these nuances.

Rent escalation clause:
pay attention to any provision that says the rent can go up, but it can't go down.

Get help: don't be afraid to enlist the help of a knowledgeable commercial realtor to help with locating and screening space. And if you don't have experience with commercial leases, have a lawyer with commercial lease experience review the landlord's form.

Ask questions
: don't accept something you don't understand because you are embarrassed to ask for clarification.

Additional information in this material provided by: Maury G. Van Vliet, Vanterra Management Ltd., Edmonton, Alberta

Last modified: Monday, 9 February 2026, 9:03 AM