If you've ever signed a residential lease, the first thing to keep in mind is that you have fewer protections under a commercial lease than you did under the agreement you signed for your apartment or rental house. While most states step in to protect tenants in residential transactions, commercial occupancy agreements are treated as a negotiation between equals. As such, your rights are usually what is in your lease, and nothing else. While leases vary based on both local law and on the actual terms of the document, below are some of the common rights that tenants usually enjoy.
Negotiation
The first and arguably most important right you have comes into play before you sign your lease. You are free to negotiate whatever terms for your commercial lease that you wish and to which you can get your landlord to agree. In the same vein, you are also free to attempt to renegotiate your lease at any time, even after it is signed, provided there is a compelling reason for the landlord to enter those negotiations with you.
Tenancy and Quiet Enjoyment
The rights of tenancy and quiet enjoyment under a commercial lease mean that you have the right to occupy the space during the term of the lease as long as you are current in your obligations. In addition to those tenancy rights, quiet enjoyment means that you also have the right to be left alone in it. While this does not preclude the landlord from making reasonable visits or intrusions as necessary for maintenance and inspections, it does mean that you can count on being able to use your space as you wish within the terms of your lease.
Set Costs
Your lease specifies what you will pay for the space and how, if at all, the landlord can increase those charges during its term. Provided you follow the terms of your commercial lease, the landlord cannot increase the cost of your space above and beyond those prenegotiated terms.
Options to Renew
Many leases give you options to renew your lease. What this means is that if you follow the requirements of the option, you can remain in your space for a new lease without the risk of being thrown out for another tenant or having your rent increased beyond the term of the option. Commercial lease renewal or extension options typically require you to give your landlord advance notice -- usually a number of months -- of your intent to use them. If you miss the deadline, you can lose your right.
Sublet and Assignment
One area where you might find you have more rights under a commercial lease than under a residential lease is in the area of subletting and assignments. Most landlords realize that running a business can be challenging and that, sometimes, a space might not meet a given tenant's needs for its entire term. As such, they might give you the right to sublease your space to another tenant who pays you rent so that you can pay the landlord or to assign it, where that other tenant takes over your lease and pays the landlord directly. In either case, there are usually restrictions and requirements and you typically retain some responsibility for the cost of the lease in the event that the replacement tenant does not pay.
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