What should you review before signing a commercial lease?

On Behalf of | May 21, 2026 | Real Estate |

Finding the right location can be an exciting step for your company. However, the lease can affect more than your monthly rent. Before committing to a space in Staten Island or Red Bank, review how the terms could affect your opening timeline, operating costs, personal exposure and ability to adjust if your plans change.

Check whether the space fits your use

Before signing, confirm that the property can legally support your type of business. In New York City, a Certificate of Occupancy or other building records may show how the space can be used. In New Jersey, you can check local zoning and building rules to confirm whether your business could operate at that location.

Different business types may involve different approval, licensing or build-out requirements. If the property does not match your intended use, you could face permit delays, renovation issues or opening problems.

Know the costs beyond base rent

Beyond base rent, you could also be responsible for charges such as:

  • Real estate tax increases
  • Common area maintenance charges
  • Insurance premiums
  • Utilities or submetering fees
  • Repairs, maintenance or improvement charges

Some agreements use a triple net structure, which shifts many property-related expenses to the tenant. Others use a base year for taxes or operating expenses, meaning you may pay increases above the first-year amount.

Check guarantees and exit options

Many landlords ask business owners to sign personal guarantees. This can make you personally responsible for certain lease obligations if the company cannot pay. A good guy guarantee may limit that exposure, but only if you meet the conditions stated in the agreement, such as giving notice, leaving the space and returning possession properly.

You should also check whether the lease allows assignment or subletting. The terms should explain whether landlord consent is a requirement and what happens if the landlord says no.

Plan for business interruptions

Unexpected closures can create significant financial strain. Review force majeure, rent abatement or casualty clauses to see what happens if fire, severe weather, government orders or other events limit your ability to operate. These clauses do not automatically excuse every payment.

Review the lease before your business depends on it

A commercial lease is a long-term commitment that can shape your company’s financial health and future flexibility. By asking the right questions about daily operations and exit options now, you can avoid costly surprises once you are legally tied to the space.