A commercial lease is the law. Unlike certain other areas of real estate that are subject to major governmental regulation, most states have enacted only limited statutory authority on commercial leases. Therefore, to negotiate the best lease possible for your client, it is essential to anticipate and address during the lease negotiations potential areas of conflict or concern that may arise during the life of the lease since the lease document itself will largely determine the rights and obligations of the parties.

Written by attorneys who each negotiate over 200 leases a year, Commercial Retail Lease and Outlot Purchases: A Practitioner's Guide to Forms and Provisions  is an educational manual that provides a practice-focused examination of commercial lease negotiations and language. It contains sections on critical negotiating topics, followed by sample clauses that address the issue. The scope of the book will be valuable to both those attorneys with limited exposure to commercial leases and  seasoned attorneys who want a desk reference on these important topics.

Every lease negotiation encompasses knowledge of and collaboration with several disciplines, including construction, engineering, accounting, and tax. To begin with, the authors address the critical period prior to opening in the premises, and the variety of issues involved in construction, contingencies, and warranties, among others. Subsequent chapters cover other common issues involved in commercial leasing, including:

• Securing lease obligations
• Financial issues, including percentage rent, common area costs, taxes, and insurance
• Common area definitions and restrictions
• Lease transfers and co-tenancy
• Mixed-use projects
• Purchase of outlots
• Maintenance
• Construction obligations

Each chapter is followed by a conclusion that highlights key issues, plus an appendix with sample language illustrating the most critical issues being negotiated in that aspect of the commercial lease.