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Critical Clause Descriptions

Leasecake University

Updated over 4 months ago

Understanding the critical clauses in a lease is essential for managing your real estate portfolio effectively. Each clause outlines specific rights, obligations, or restrictions that can impact your business operations and financial responsibilities. Below is a comprehensive list of the 40 key lease clauses that we support for abstraction.

Lease Clause

Description

Alterations Clause

Outlines rules for tenant changes or improvements to the space, typically requiring landlord approval and potentially restoration at lease end.

Assignment/Subletting Clause

Governs tenant's ability to assign or sublet the lease, usually requiring landlord approval.

CAP on CAM Clause

Limits how much CAM charges can increase annually, protecting tenants from significant, unexpected cost hikes.

Co-Tenancy Clause

Allows tenants to reduce rent or terminate the lease if key tenants leave or occupancy falls below a certain level, protecting against reduced foot traffic.

Common Area Maintenance (CAM) Clause

Tenants contribute to shared area maintenance costs (e.g., parking lots, landscaping) based on leased space size relative to the total leasable area.

Common Area Restrictions Clause

Outlines rules on how tenants can use shared spaces (e.g., lobbies, parking), often prohibiting blocking hallways or storing personal items.

Default – Landlord Clause

Defines what constitutes a default by the landlord, outlining tenant remedies like rent reduction or lease termination.

Default – Tenant Clause

Specifies tenant actions that constitute default (e.g., late rent payments), detailing landlord remedies such as late fees or eviction.

Estoppel Certificate Clause

Tenant may be required to confirm the lease’s current status, used when landlords sell or refinance the property to assure third parties.

Exclusive Use Clause

Prevents the landlord from leasing space to a direct competitor, protecting the tenant's business from competition.

Financial/Sales Report Clause

Requires tenants to provide financial or sales reports, common in percentage rent agreements, to verify rent payments and tenant's financial stability.

Force Majeure Clause

Relieves parties from liability if they can't fulfill lease obligations due to extraordinary events (e.g., natural disasters, pandemics).

Franchisor Rights Clause

In franchise leases, grants franchisor the right to assume the lease if the franchisee defaults.

Go Dark / Abandonment Clause

Addresses tenant obligations if they cease operations or abandon the premises before lease end, often requiring continuous operations.

Guaranty Clause

Requires a third party to guarantee the tenant’s lease obligations, providing extra security for the landlord.

Holdover Clause

Outlines terms if tenant stays after lease expiration, often specifying month-to-month tenancy with increased rent.

HVAC Clause

Defines who is responsible for maintaining, repairing, and replacing HVAC systems. Tenant may handle routine maintenance; landlord covers major repairs or replacements.

Insurance Clause

Specifies types and amounts of insurance the tenant must carry, often including general liability and property insurance.

Late Fees Clause

Outlines penalties for late rent payments, often calculated as a percentage of the overdue amount or a flat fee.

Landlord Maintenance Clause

Specifies areas the landlord must maintain, such as the building structure, roof, foundation, and common areas.

Miscellaneous Clause

Includes various provisions (e.g., governing law, severability) to clarify how the lease operates legally and what remains valid if parts are invalidated.

Notices Clause

Specifies how formal communications between landlord and tenant should be delivered, including for lease renewals or terminations.

Parking Clause

Details tenant rights to parking, including the number of spaces, fees, and restrictions on use (e.g., no overnight parking).

Patio / Outdoor Area Clause

Outlines permissions and guidelines for using outdoor spaces, including maintenance responsibilities and any restrictions.

Percentage Rent Clause

Tenant pays base rent plus a percentage of gross sales once sales exceed a certain threshold, allowing landlords to share in tenant's success.

Prohibited Uses Clause

Lists activities or businesses that are not allowed on the premises, protecting property integrity.

Radius Restriction Clause

Prevents the tenant from opening a similar business within a certain distance, protecting landlord interests.

Real Estate Taxes Clause

Specifies if the tenant is responsible for a portion of the property’s real estate taxes, common in triple net (NNN) leases.

Relocation Rights Clause

Gives the landlord the right to relocate the tenant within the property, specifying who bears moving costs and relocation conditions.

Renewal Option Clause

Gives the tenant the right to extend the lease, detailing notification time frames and terms for the extension.

Right of First Refusal/Right of First Offer (ROFR/ROFO) Clause

ROFR: Tenant can match any lease/purchase offer the landlord receives. ROFO: Tenant must be offered lease/purchase opportunities before others.

Signage Clause

Controls signage size, design, and location, requiring landlord approval to maintain a consistent property appearance.

Subordination, Non-Disturbance, and Attornment (SNDA) Clause

SNDA addresses tenant’s lease relationship with the landlord’s lender, protecting tenant rights if the landlord defaults or sells the property.

Surrender of Premises Clause

Outlines tenant responsibilities at lease end, including returning the space in a specified condition and removing personal property.

Tenant Improvement (TI) Allowance Clause

Specifies the amount the landlord provides for tenant improvements (e.g., renovations) and details how the money can be used and the completion timeline.

Tenant Maintenance Clause

Outlines the tenant’s responsibility for maintaining their leased space, including repairs to fixtures, plumbing, and electrical systems.

Termination Right Clause

Allows either party to terminate the lease early under specific conditions, such as property damage, outlining penalties or fees for early termination.

Use Clause

Defines how the tenant can use the leased space and restricts certain activities to maintain property character or prevent competition.

Utilities Clause

Defines how utility costs are handled, specifying if tenants pay directly or reimburse the landlord for shared utility costs.

Disclaimer

The information provided is for general guidance and should not be taken as legal advice. Lease agreements can vary, and we recommend consulting with a legal professional for advice specific to your situation.

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Leasecake University, LC University, Real Estate 101, Real Estate Best Practices

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