New York Commercial Lease Attorneys

We advise clients on all aspects of commercial leasing, including:

Lease Drafting and Negotiation
Drafting and negotiating leases for office, retail, industrial, and mixed-use properties, with careful attention to rent structure, term length, renewal options, and operational flexibility.

Landlord Representation
Advising property owners on lease structuring, risk allocation, and tenant protections to ensure consistent income and enforceable lease terms.

Tenant Representation
Representing businesses and commercial tenants in negotiating favorable lease terms, including rent concessions, build-out allowances, and exit flexibility.

Lease Review and Risk Analysis
Reviewing existing leases to identify unfavorable provisions, hidden costs, and legal risks before execution.

Lease Amendments and Renewals
Negotiating modifications, extensions, and renewals to reflect evolving business needs and market conditions.

Assignments and Subleases
Advising on lease transfers, subleasing arrangements, and consent requirements to ensure compliance and protect your position.

Commercial leases vary significantly depending on the property and business model. We help clients understand and negotiate the structure that best fits their needs:

Gross Lease (Full-Service Lease)
The landlord covers most operating expenses, and the tenant pays a fixed rent.

Net Lease (Single, Double, Triple Net / NNN)
Tenants pay base rent plus some or all property expenses, including taxes, insurance, and maintenance.

Percentage Lease
Common in retail, where rent includes a base amount plus a percentage of business revenue.

Modified Gross Lease
A hybrid structure where certain expenses are shared between landlord and tenant.

Ground Lease
Long-term leases where tenants lease land and develop or operate improvements on it.

Commercial leases are highly customizable and often complex. We help clients understand and negotiate critical provisions, including:

• Base rent and rent escalation structures
• Additional rent, including taxes, insurance, and operating expenses
• Common area maintenance (CAM) charges
• Lease term, renewal options, and rent adjustments
• Tenant improvement allowances and build-out obligations
• Maintenance, repair, and replacement responsibilities
• Use clauses and exclusivity provisions
• Assignment and subletting rights
• Default provisions and remedies
• Personal guarantees and security deposits

Careful negotiation of these terms can significantly impact the long-term value of the lease.

Commercial leasing in New York involves specific legal and regulatory factors that must be addressed:

• NYC Commercial Rent Tax (CRT) – Applies to certain commercial tenants in Manhattan south of 96th Street
• Zoning and Permitted Use – Compliance with the NYC Zoning Resolution is critical for lawful business operations
• Certificate of Occupancy – Ensuring the space is legally approved for the intended use
• ADA Compliance – Accessibility requirements that may impact build-out and operations
• Good Guy Guarantee – A common NYC provision limiting personal liability if a tenant vacates and complies with notice requirements

We guide clients through each stage of the leasing process:

• Initial Term Sheet or Letter of Intent – Establishing key business terms such as rent, term, concessions, and responsibilities
• Lease Drafting and Negotiation – Preparing and negotiating the lease agreement to align with business objectives and allocate risk appropriately
• Due Diligence and Property Review – Reviewing zoning, permitted use, building requirements, and any legal or operational constraints
• Finalization and Execution – Ensuring all negotiated terms are accurately reflected before signing
• Ongoing Advisory Support – Providing guidance on compliance, renewals, and future lease-related decisions

Different industries face unique leasing challenges. We tailor our approach accordingly:

Retail Leases
Focus on foot traffic, exclusivity clauses, co-tenancy provisions, and percentage rent structures.

Restaurant Leases
Address venting requirements, grease traps, liquor license considerations, and health compliance issues.

Office Leases
Prioritize flexibility, expansion options, and subleasing rights to accommodate growth or remote work shifts.

Industrial Leases
Evaluate loading access, zoning compliance, environmental regulations, and operational logistics.

We help clients avoid and address common challenges and lease risks, including:

• Unfavorable rent escalation clauses
• Hidden costs in additional rent or CAM charges
• Open-ended CAM charges with no caps
• No cap on operating expense increases
• Restrictive use clauses limiting business operations
• Limited flexibility for assignment or subleasing
• Broad default clauses favoring landlords
• Personal guarantees that increase financial exposure
• Personal guarantees without limitation
• Landlord relocation clauses
• Overly aggressive landlord remedies in default provisions

Addressing these issues during negotiation can prevent costly disputes later.

• Commercial landlords and property owners
• Office, retail, and industrial tenants
• Startups and growing businesses
• Franchise operators and multi-location tenants
• Real estate investors and asset managers
• Corporations leasing commercial space

Commercial leases are not standard agreements. Every provision is negotiable and can have long-term consequences.

Working with experienced counsel helps ensure:

• Lease terms align with your business and financial goals
• Risks are identified and mitigated before signing
• Costs and obligations are clearly understood
• Flexibility is preserved for future growth or exit
• Agreements are enforceable and strategically structured

Is a commercial lease negotiable?

Yes. Unlike residential leases, commercial leases are highly negotiable, and terms can vary significantly depending on the parties and property.

What is CAM in a commercial lease?

Common Area Maintenance charges are expenses shared by tenants for maintaining common areas, such as hallways, parking lots, and building systems.

Can I get out of a commercial lease early?

It depends on the lease terms. We can review your agreement and advise on termination rights or negotiation strategies.

Do I need an attorney to review a commercial lease?

Yes. Commercial leases often contain complex provisions that can create significant financial and legal exposure if not properly negotiated.

What is a personal guarantee in a lease?

A personal guarantee makes an individual personally responsible for the tenant’s obligations under the lease, increasing financial risk.

What is a “Good Guy Guarantee” in NYC?

A Good Guy Guarantee limits a tenant’s personal liability if they vacate the premises, provide proper notice, and meet specific lease conditions.

How long are commercial leases in New York?

Lease terms typically range from 3 to 10 years, but can be longer depending on the property and tenant needs.

Who pays property taxes in a commercial lease?

In many leases, especially net leases, tenants are responsible for paying a portion or all of the property taxes.

Can a landlord refuse a sublease?

Often yes, depending on the lease terms. Some leases allow landlord discretion, while others require reasonable consent.

What happens if a tenant defaults?

Consequences may include eviction, financial liability, and enforcement of personal guarantees, depending on lease terms.

Are commercial tenants protected like residential tenants?

No. Commercial tenants generally have fewer statutory protections and rely heavily on the negotiated lease terms.