What to Do Before You Sign Your First Commercial Lease
Signing your first commercial lease for a growing business is exciting — and one of the easiest places to get caught off guard, because commercial leases work very differently from the residential leases most people are already familiar with.
How commercial leases differ from what you might expect
Commercial leases typically offer far fewer built-in tenant protections than residential ones, and nearly everything is negotiable — rent escalation, who pays for maintenance and property taxes (common in "triple net" leases), and the length of the commitment. Assuming it works like an apartment lease is exactly where new business owners get surprised.
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Before signing your first commercial lease, check
Whether it's gross, modified gross, or triple net (who pays taxes, insurance, and maintenance)
The rent escalation clause (how much and how often rent can increase)
The exact permitted use of the space, and whether it matches your actual business
Exit terms — what happens if you need to leave before the lease ends
Who is responsible for buildout or renovation costs
Frequently asked questions
What does "triple net lease" mean?
It means the tenant pays rent plus a share of property taxes, insurance, and maintenance — common in commercial leases, less so in residential ones.
Can commercial lease terms be negotiated?
Yes, almost everything in a commercial lease is negotiable, unlike many residential leases — rent escalation, renewal options, and buildout costs are common negotiation points.
Do I need a lawyer to review my first commercial lease?
For a significant, long-term commitment, a legal review is a reasonable investment — commercial leases carry more financial exposure than most residential ones.
Can a commercial lease be signed electronically?
Yes — it's covered by the same ESIGN Act and UETA framework as any other business contract.
What happens if my business needs to close before the lease ends?
This depends entirely on the exit terms negotiated into the lease — which is exactly why checking them before signing matters so much.
Sources
15 U.S. Code § 7001 — ESIGN Act, official text (govinfo.gov)
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