Commercial Leasing

Practice Contacts

Commercial Leasing

Taft’s real estate attorneys are experienced in all aspects of commercial real estate leasing transactions and related issues. We are adept at understanding and negotiating the provisions that should specifically be contained in commercial leases to uniquely suit our clients’ needs.

We provide experienced legal counsel at the onset of a lease, working with tenants, landlords, investors, and developers on clause details typically addressed in commercial leases, including:

The lease term, including its duration and renewal options
Accurate description of the leased premises space, including common areas and construction particulars
Computations for rent and allowable escalations
Additional costs expected for insurance coverage, property taxes, and maintenance-related items
Specifications for projected build outs and improvements, as set forth in alterations clauses
Allowable signage types and placement
Maintenance and premise repairs
Assignment and subletting of properties
Use and exclusives clauses

Working together with our Real Estate Finance Team, we understand the lender’s role in the lease approval process and the competing interests in leasing transactions. We pride ourselves on our ability to negotiate tri-party deals between these interested parties.

Landlord Representation

We provide full-service leasing representation to various categories of owners and agents – broker/managers, private owners, banks, insurance companies, pension funds/pension fund advisors, REITs, private investment funds and overseas investors – for entire office, industrial, multiuse, and retail complexes. In addition to the negotiation of individual leases, we help coordinate the leasing objectives with our clients’ overall design, development, and management plans for the building, including the negotiation of commission, listing agreements and management agreements, work letters and development agreements, construction and architect contracts and other agreements with lenders, ground lessors, and other landlords with regard to collateral leasing concerns.

Tenant Representation

We represent law firms, accounting firms, trade associations, private and public corporations and other businesses in leases of all sizes. We have represented tenants in single transactions as well as provided portfolio-wide representation. Our leasing lawyers are considered an integral part of our clients’ space management team. We take pride in our knowledge of the markets and economic environment in which our clients’ transactions occur allow our team to fully protect our clients’ interests serving their business goals.

Build-to-Suit Lease Transactions

We have substantial experience in all areas of land use, development, construction, finance and leasing issues relating to build-to-suit and design-build projects. We have worked with both developers and tenants in connection with structuring, negotiating and documenting build-to-suit lease transactions involving office, retail and industrial properties. Our clients include regional, national and international developers and owners with real estate interests throughout the U.S. Our lawyers have also participated in numerous build-to-suit and design-build lease projects where the tenant/user was the United States of America (through the General Services Administration) or an agency of the federal government.

Our attorneys also address access issues to ensure that clients and their customers have suitable access to their leased property. We consider shared areas, such as conference rooms, storage rooms, and parking. Reciprocal easement agreements (“REAs”) are utilized to establish the legal right to use shared areas between two or more property owners. REAs are used by private owners of adjoining land or businesses that share an area, such as a large parking lot for a shopping plaza. Our attorneys are also aware of the requirements set forth by the Americans with Disabilities Act (“ADA”) with stipulations for businesses that are open to the public or that employ more than 15 people to have premises that are accessible to disabled people. We ensure that agreement is reached and documented in the lease as to whether the landlord or tenant will pay for any needed modifications, such as adding a ramp or widening doorways to accommodate wheelchairs.

Related Practices

Notable Matters

Represented global manufacturing client as exclusive leasing counsel in leasing office and industrial space across the United States and Canada.
Represented large gas company as tenant in connection with its new corporate office headquarters in Washington, D.C.
Represented tenant in connection with 11 leases for industrial space across the United States totaling approximately 450,000 square feet.
Represented various institutional landlords in connection with the leasing and management of millions of square feet of office space in the DMV and metro Atlanta areas.
Represented retail developer in acquisition, financing, and leasing of projects across the Southeast U.S.
Represented client in its ground lease and related real estate agreements for a Georgetown University graduate student housing development in Washington, D.C.
Represented national staffing and workplace development company in lease agreements and negotiations for offices in California, Washington and North Carolina.
Represented landlord in leasing industrial space in a portfolio of properties in South Atlanta.
Represented tenant in connection with approximately 150,000 square foot industrial lease in Douglasville.
Represented landlord as exclusive leasing counsel in leasing office space in a portfolio of properties in Texas containing approximately 1.5 million square feet.
Represented tenant in connection with 11 leases for industrial space across the United States totaling approximately 450,000 square feet.
Represented client in its ground lease and related real estate agreements for a Georgetown University graduate student housing development in Washington, D.C.
Represented national staffing and workplace development company in lease agreements and negotiations for offices in California, Washington, and North Carolina.