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@064 CHAP 1
┌───────────────────────────────────────────────┐
│ CHECKLIST FOR SIGNING A BUSINESS LEASE │
└───────────────────────────────────────────────┘
@Q "If anything can go wrong it will. Nature always
@Q sides with the hidden flaw." -- Murphy's Law
@Q
@Q "Murphy was a optimist." -- O'Toole's Law
If you will need to lease space to operate your business
in, have you located a suitable place that is available to
you? If so, here are a number of critical points you need
to consider before you sign a lease with the landlord:
. The term of the lease. Many small businesses tend to
start off by either growing rapidly or quickly fold-
ing. Thus, except in a retail or service business,
you will probably be better off leasing initially on
a month-to-month basis or for as short a lease term
as you can get, such as three or six months, even if
the monthly rent is higher than for a longer lease.
You will have enough financial problems already if
your business fails, without being saddled with a
long-term lease obligation. If all goes well, and
you need to expand into a larger facility, you won't
be constrained by a long-term lease on a place you
have outgrown.
. Whether you can put up the kind of sign you must
have, as large as you need, on the building. A bus-
iness like a restaurant can be devastated if the
landlord doesn't permit a sign that is sufficiently
visible to passersby.
. Whether the landlord will permit you to make neces-
sary improvements and alterations to the leased
premises.
. Whether the local health department, fire and police
departments, air pollution control authorities and
zoning rules will permit operation of your particular
type of business at the location you have chosen. If
not, it is better to find out BEFORE you have signed
the lease.
. Whether your location is in a high crime area that
will require expensive burglary insurance and secur-
ity precautions.
. Whether there is enough parking nearby or good public
transit access for customers.
. Whether the location is appropriate to the kind of
business you will conduct. There is usually no need
to locate a manufacturing operation in a busy, high-
traffic area. On the other hand, retail businesses
are usually heavily dependent on the number of people
passing nearby on foot or by car. For example, the
owners of the Burger King chain reportedly select
sites for their fast food restaurants by looking for
locations that have at least 16,000 cars passing by
each day at an average speed of about 30 miles per
hour.
. Whether the lease provides you an option to renew
(and at what rental?) after the initial term expires.
. Whether, if the lease is for more than just a few
months, you have the right to sublease or assign the
lease. If so, under what conditions or restrictions?
Are the restrictions reasonable ones that you can
live with? (Remember that a lease is a binding legal
contract, and that if you agree to pay rent of $1,000
a month for two years, you are on the hook for
$24,000 unless you can sublease or assign the lease
to someone else--which the lease, or the landlord,
may make difficult or impossible to do.)