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The Law Office of Stephen Nault

Commercial Leasing

Five Commercial Lease Terms Worth Slowing Down For

Some lease fights start because the business team moved too quickly past the exact provisions that later control leverage.

Letters of intent are useful, but they rarely answer the full set of business and legal questions that control what happens when a tenant misses a deadline, a landlord tightens enforcement, or a guarantor wants out. The lease language still determines how much leverage each side actually has.

Default provisions deserve special attention because they govern timing, waiver, and how quickly the other side can create pressure. If the notice structure is loose or one-sided, the business may learn too late that a casual email or delayed response changed the posture.

Transfer rights, assignment language, and sublease restrictions also deserve closer review than they often get. A business can perform well under a lease and still run into trouble when it wants to restructure, sell, relocate, or react to a changing occupancy plan.

Operating covenants, CAM language, repair obligations, exclusives, and guaranty terms are where the practical economics of the relationship often live. The point of careful review is not to redline everything into a stalemate. It is to focus attention where the business would actually feel pain if the document were enforced literally.

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