Commercial Lease Negotiation & Review in NYC
A commercial lease is one of the most consequential contracts a business will sign. In New York City, where commercial rents are among the highest in the country, the specific terms of your lease can determine whether your business thrives or struggles under the weight of unfavorable obligations. A poorly negotiated lease can expose you to unexpected costs, restrict your operational flexibility, and create liabilities that persist long after you vacate the space.
At Agarunov Law Firm, P.C., we represent both landlords and tenants in commercial lease transactions across Manhattan, Brooklyn, Queens, and all five boroughs. Whether you are a business owner signing your first lease, a growing company renegotiating terms, or a landlord drafting lease agreements for your properties, we ensure that the lease terms protect your interests and reflect a fair allocation of risk.
Our Commercial Lease Services
Lease Negotiation for Tenants
When representing tenants, our primary objective is to secure the most favorable terms possible while ensuring the lease does not contain hidden traps or disproportionate obligations. We negotiate every material provision including base rent and annual escalations, lease term, renewal options and termination rights, tenant improvement (TI) allowances and build-out timelines, rent abatement periods during construction, operating expense and real estate tax pass-throughs, assignment and subletting rights, exclusivity and co-tenancy provisions for retail leases, personal guarantee limitations and burnoff provisions, and restoration obligations at lease expiration.
Lease Drafting for Landlords
For landlords and property owners, we draft commercial leases that protect your property, secure reliable rental income, and minimize legal exposure. Our lease drafting addresses tenant obligations for maintenance, insurance, and compliance, clearly defined permitted use restrictions, robust default and remedy provisions, appropriate security deposit and guarantee structures, construction and alteration approval requirements, holdover provisions and penalties, and subordination, non-disturbance, and attornment (SNDA) provisions.
Lease Review & Analysis
If you have been presented with a lease by a landlord or broker, having your attorney review it before signing is essential. Standard commercial leases in NYC can run 50 to 100 pages or more and contain highly technical provisions with significant financial consequences over a 5, 10, or 15-year lease term. We review every provision, identify risks and unfavorable terms, and provide clear guidance on what should be renegotiated.
Lease Renewals & Extensions
Lease renewals are an opportunity to renegotiate terms, update provisions to reflect current market conditions, and address issues that arose during the initial term. We represent tenants and landlords in renewal negotiations, ensuring that escalation rates, maintenance obligations, and other key terms are fair and current.
Sublease & Assignment
If your business needs to vacate leased space before the lease expires, subletting or assigning may be an option. We review your lease's subletting provisions, prepare sublease agreements, negotiate landlord consent, and ensure compliance with all required procedures.
Key Commercial Lease Provisions We Negotiate
- Rent Escalation Clauses: Fixed annual increases, CPI adjustments, or percentage rent structures for retail tenants
- Operating Expense Pass-Throughs: Base year vs. net lease structures, cap provisions, and audit rights
- Tenant Improvement Allowances: Dollar amounts, disbursement schedules, and construction oversight
- Personal Guarantees: Scope limitations, good-guy clauses, and burnoff provisions
- Use Clauses: Permitted use definitions, exclusive use restrictions, and radius restrictions
- Default & Cure Provisions: Notice requirements, cure periods, and available remedies
- Insurance Requirements: Types of coverage, limits, and additional insured requirements
- Surrender & Restoration: Obligations to restore the premises at lease expiration
Commercial Lease Terms Explained
Most disputes we see trace back to a handful of provisions that were not understood when the lease was signed. These guides explain the ones that matter most, for landlords and tenants alike.
| Lease term | What it means | Guide |
|---|---|---|
| Triple net (NNN) | Tenant pays base rent plus taxes, insurance and maintenance | Triple net leases |
| CAM charges | The tenant’s share of common area operating costs, reconciled annually | CAM charges |
| Tenant improvement allowance | Landlord contribution toward build-out, paid on completion | TI allowances |
| Estoppel certificate | Tenant confirmation of lease facts for a buyer or lender | Estoppel certificates |
| Good guy guaranty | Limited personal guaranty common in NYC leases | Good guy guaranty |
| Escalations | How rent increases: fixed percentage, CPI or porter’s wage | Reviewed in every lease we handle |
| Personal guarantee | An individual’s promise to pay the tenant’s obligations, in several structures | Personal guarantees |
| Notice to cure | A landlord’s demand to fix an alleged default within a set period | Yellowstone injunctions |
| Letter of intent | The term sheet that fixes the economics before the lease is drafted | LOI guide |
| Percentage rent | Additional retail rent based on sales above a breakpoint | Percentage rent |
| Lease buyout | A negotiated early exit from the balance of the term | Lease buyouts |
Also see our guides to commercial leases generally, NYC commercial lease traps and New Jersey commercial leases.
Commercial Leasing Across New York and New Jersey
We negotiate and draft commercial leases throughout the five boroughs and the surrounding counties. The market you are leasing in changes which provisions matter most.
Manhattan
Office leases in Midtown, Midtown South and the Financial District, along with ground-floor retail across the borough. Manhattan leases are where escalation formulas, loss factors and the commercial rent tax in the area below 96th Street have the largest effect on occupancy cost.
Brooklyn
Brooklyn’s office market has grown quickly in Downtown Brooklyn, DUMBO and Industry City, alongside retail corridors on Atlantic and Fifth Avenues and restaurant and creative space in Williamsburg, Bushwick and Gowanus. Converted industrial buildings raise questions about certificate of occupancy, permitted use and who carries the cost of base building work.
Queens
Long Island City office and lab space, Flushing retail, and warehouse and last-mile distribution space across the borough. Industrial leases here are often net structures where the tax and maintenance pass-throughs deserve close attention.
The Bronx
Industrial and food-related space around the Hunts Point corridor, medical offices, and neighborhood retail. Build-out obligations and delivery condition are frequent negotiation points.
Staten Island
Professional office space around St. George and the Corporate Park of Staten Island, plus retail and service businesses along the main commercial corridors, where parking and signage provisions matter more than in the denser boroughs.
Westchester
Office leasing concentrated in White Plains, Rye Brook, Tarrytown and along the I-287 corridor, with retail and restaurant space in Scarsdale, Bronxville and Larchmont, and tenants in Yonkers and New Rochelle.
Long Island
Nassau and Suffolk leasing along Jericho Turnpike, Hempstead Turnpike, Route 110 and Montauk Highway, including medical office space in Garden City and Mineola. Long Island leases typically carry parking, signage and common area provisions that differ from city leases.
New Jersey
From our Englewood office we handle commercial leases in Bergen, Hudson, Essex, Passaic and Middlesex counties, where lease structures and landlord remedies differ from New York.
Serving New York and New Jersey
Agarunov Law Firm is licensed to practice in both New York and New Jersey. In addition to representing clients across all five NYC boroughs and Long Island, we handle real estate transactions in Northern and Central New Jersey including Bergen County (Englewood, Fort Lee, Hackensack, Teaneck, Paramus), Hudson County (Jersey City, Hoboken, Weehawken), Essex County (Newark, Montclair, Livingston), Passaic County (Paterson, Wayne, Clifton), and Middlesex County (New Brunswick, Edison, Woodbridge).
Our dual-state licensing allows us to represent clients in cross-border transactions and provide seamless legal counsel whether your property is in New York, New Jersey, or both.
Need a Commercial Lease Reviewed or Negotiated?
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