Commercial Leasing

Of all the commercial contracts I review, draft and negotiate on a daily basis in my practice, commercial Leases are the 'Rocky Horror Picture Show" of the small business owner
Robert ("Robaire") Nadeau, J.D.
Kerr & Nadeau

Robaire has been advising and representing small, medium and large, global 500 enterprises on contracts and commercial agreements of all kinds for over 32 years.  The riskiest by far, he maintains, for the unsuspecting business owner, are commercial Leases. Why?

  • First and foremost, commercial leases are so common – and necessary – for most businesses. Everyone signs them. And that is the greatest peril: their familiarity lulls many unsuspecting tenants into a false sense of security;
  • For most small-medium businesses, rent payments represent the business’ greatest expense (after salaries);
  • The commitment is typically 5 – 10 yrs. (imagine signing a 10 yr. Lease on the wrong premises!);
  • Leases (often 30 – 40 pgs. or more) are incomprehensible to the average business person (and to many lawyers), written in arcane language by Land-lords and their lawyers;
  • They are heavily weighted in favour of the Landlord (unapologetically);
  • Tenants often don’t know what they are signing up to, how much risk they are assuming, or the extent of their rights and liabilities under the Lease;
  • Landlords, their real estate brokers, property managers and lawyers do this every day. The average tenant (standing alone) is no match for these experts in the Lease negotiations;
  • The average business owner or manager doesn’t know what to look for, what is missing, or what to ask for in the Lease, or when;
  • Getting out of the Lease (or changing any of its terms or conditions – once signed – is like swimming in molasses…
  • And these are only a few of the cautionary tales Robaire has seen in his 32 years practice representing tenants.
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Why not level the playing field? If you are a small or medium-sized business owner or facilities manager looking to lease new commercial space in an office building, industrial park or strip mall, give us a call… before you sign the Offer to Lease.  Once you sign the Offer to Lease, your negotiation leverage has all but evaporated. Let Robaire walk you through the ins-and-outs, the risks and opportunities… so you can move forward with renting the new premises with confidence and peace of mind.

Call Robaire at 613-238-2002 or by email: rnadeau@kerrnadeau.com