Negotiating a lease | Small Business Development Corporation (2024)

Before entering into a lease you will have an opportunity to negotiate with the landlord (or their agent) to reach an agreement that meets your business needs.

It is important to understand and consider some key leasing matters before starting negotiations.

It is important to seek financial, legal and business advice before entering into a lease and that you understand your rights, liabilities and obligations.

What can I negotiate?

In theory everything is negotiable. Rent, term of the lease, options to renew, operating expenses and related costs can be negotiated with the landlord. Negotiations could require you to go back and forth with the other party. Be prepared to allocate sufficient time to negotiate. Do not be pressured into signing a lease without first seeking legal, business and financial advice.

Usually a lease will be prepared by the landlord’s solicitor and contain terms and conditions that are acceptable to the landlord. The extent to which these terms and conditions can be negotiated will depend on a range of factors including:

  • competition or demand for the premises
  • the landlord’s financial situation
  • your desirability as a tenant; this may include your potential to meet your obligations, or to attract clients or other tenants to the location or the landlord’s future intentions for the premises

Before starting negotiations seek financial advice to work out how much you can afford to spend on leasing the premises. You should also consider the terms and conditions of the lease and what you are prepared to accept.

Think about engaging someone with experience in leasing business premises to help you negotiate your lease, particularly if you are not good in face-to-face negotiations.

Negotiating a good lease is vital to the success of your business. Some key negotiation tips include:

  • be clear on your financial bottom line before you start negotiating (but don’t share the information with the other party)
  • don’t let your emotions interfere with negotiations
  • allow sufficient time to consider the terms and conditions of the lease to identify what is acceptable and what is not
  • seek legal, financial and business advice on the lease
  • ensure that everything discussed and agreed is put in writing - take nothing on trust
  • be prepared to walk away from negotiations if necessary

Terms and conditions of a lease

The terms and conditions of your lease are critical to the success of your business. Getting these right from the beginning will help safeguard against future problems or issues.

Generally, terms and conditions of a lease should provide:

  • security of tenure for the desired time
  • an affordable rent for the duration of the lease
  • provisions (clauses) that will not interfere with the day-to-day running of the business or impose excessive financial burdens
  • the ability to operate a profitable business
  • protection from competition; this is particularly important if the premises are in a shopping centre or group of shops owned by the same landlord.

Our publication How to negotiate your way to a better retail lease explores these matters in more detail.

Main issues to consider

Some of the key terms and conditions typically included in a lease are:

  • lease duration (or term) and options to renew
  • rent and rent reviews
  • permitted use
  • tenancy mix and competition
  • fixtures and fit-out
  • costs
  • repair and maintenance
  • assignment and sub-leasing
  • default and breaches
  • redevelopment and relocation
  • termination

Our information on understanding commercial leases provides more detailed information about each of these matters - familiarise yourself with them before starting negotiations.

Negotiating a lease | Small Business Development Corporation (2024)

FAQs

How do you negotiate a business lease? ›

6 tips to negotiate your commercial lease renewal
  1. Start early, and stay abreast of the market. ...
  2. Understand your landlord's renewal profits. ...
  3. Assess what your space can / should do for your company. ...
  4. Research alternatives in the market. ...
  5. Form a plan. ...
  6. Consider hiring a broker to help you negotiate properly.

What are the most important parts of lease negotiations? ›

While rent cost is a significant factor, other aspects of the lease can be negotiated, such as improvements, maintenance responsibilities, lease length, renewal options and termination clauses.

What are two main issues to consider when negotiating a store's lease? ›

You should consider your budget, the square footage you will need, the length of the lease, and any rent increases. If you aren't certain about your long-term needs, you might consider negotiating a shorter lease term.

What is a lease negotiation? ›

You have an opportunity to negotiate with the landlord or agent before entering a lease, to ensure it meets your needs. Before entering into a lease you will have an opportunity to negotiate with the landlord (or their agent) to reach an agreement that meets your business needs.

Is it normal to negotiate a lease? ›

It's crucial to negotiate a lease deal as it can greatly impact the overall cost of the lease. You can secure a more advantageous deal by negotiating the lease terms, such as monthly payments, down payment, and mileage limits.

What is a letter to negotiate a commercial lease? ›

Like a test drive, a letter of intent lays out a basic framework for a lease so that the tenant and landlord can decide if they want to spend the time and money to move ahead with negotiations.

How do you evaluate a lease proposal? ›

We can use the following steps:
  1. Calculate the present value of the benefits of leasing and buying the machine. ...
  2. Calculate the present value of the costs of leasing and buying the machine. ...
  3. Calculate the net advantage of leasing and buying the machine. ...
  4. Compare the net advantages of leasing and buying the machine.

Which components of a lease are likely to be most negotiable? ›

2. Which components of a lease are likely to be most negotiable? Some people will tell you that just about everything in a lease is negotiable; however, certain things are likely to be more flexible than others. Most negotiable items include rent, amount of security deposit, starting date of lease, and decorating 3.

How do you negotiate at the end of a lease? ›

Here's what you can do if you're considering an end-of-lease negotiation:
  1. Take the time to do research. At the start of your lease, the terms of the contract should outline the vehicle's estimated value at the end of the lease. ...
  2. Discuss your options in advance. ...
  3. Make an offer.

What are two disadvantages of leasing? ›

Cons of Leasing a Car
  • You Don't Own the Car. The obvious downside to leasing a car is that you don't own the car at the end of the lease. ...
  • It Might Not Save You Money. ...
  • Leasing Can Be More Complicated Than Buying. ...
  • Leased Cars Are Restricted to a Limited Number of Miles. ...
  • Increased Insurance Premiums.

Why do businesses typically prefer to lease property instead of buying it? ›

Free up working capital.

Upfront costs to lease are much lower than those to buy. With less capital tied up in a long-term asset, you have more liquidity. This can enable you to take advantage of opportunities as they arise.

What advantage do lease decisions have over purchase decisions? ›

Additionally, think about the long-term financial implications of your decision. Leasing often requires lower upfront costs and lower monthly payments compared to purchasing. However, purchasing allows you to build equity in the asset over time, which can be beneficial in the long run.

How to negotiate a commercial lease effectively? ›

Evaluate your business needs

Do a little homework before negotiating a lease. List your company's current and expected future space needs, and determine your budget and preferred location. “Ask yourself what you want to get out of moving,” Prikker says. “You can then negotiate a lease that covers everything off.”

What is a good money factor on a lease? ›

What Is A Good Money Factor On A Lease? A good lease deal will have a money factor less than 0.001 (2.4%), an average lease factor will be between 0.0025 (6%) and 0.0035 (8.4%), and a high interest rate is anything above the average.

What is the cap cost on a lease? ›

Let's start by taking a look at some of the key terms you'll encounter as a lessee when it comes to the upfront costs: Capitalized (“cap”) cost: Essentially, this is the agreed upon value of the vehicle, in addition to other things like tax, title, license and fees.

What is the rent free period for a commercial lease? ›

On average, a rent free period is usually between 1 to 3 months across the property sector, however, this depends on factors such as refurbishment costs, lease term and the rental figure itself. Some rent free periods can be as long as a year and others can be just a couple of weeks.

How do you write a letter to your landlord to reduce rent? ›

I'd like to ask for a (insert dollar amount) reduction to my monthly rent, however, I'm open to negotiate and compromise. If you accept this request, I'd be able to continue my lease and call this home. Can we schedule a time to meet and discuss this in more detail?

Which of the following is usually open for negotiation when leasing office properties? ›

The amount of rent and the term of the lease are usually flexible. Landlords might adjust the rent based on market trends, tenant improvements, or the lease duration. A longer lease might give tenants better leverage to negotiate a lower rent.

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