Commonly Misunderstood Tenant Issues in Office Lease Negotiations
If you aren’t a real estate lawyer, you may feel a little boggled by the terms of the office lease proposed by your prospective landlord. Which provisions are fairly standard? Where are the minefields that could blow up later? Our Guest Blogger, Scot Dixon, is a real estate lawyer at Vinson & Elkins LLP in Houston, TX. He points out common misconceptions and traps for the unwary relating to commercial office leases in Texas.
Guest Blogger – E. Scot Dixon:
I. WHAT EXACTLY CONSTITUTES THE “PREMISES”
The base rent in an office lease is usually a “per square foot” figure rather than a fixed number. Base rent is determined upon something called the “leaseable area” of the premises. It is important to keep in mind that “leaseable area” is a specialized term of art and does NOT mean the actual area of the premises that Tenant occupies. The “leaseable area” is the actual area of the premises itself (often called “usable space”) plus what is commonly referred to as a “common area factor,” which is the Landlord’s estimate of the percentage of total building area taken up by common areas. […]