For a property manager or business owner, negotiating and drafting a commercial real estate lease can be daunting. Knowing the key provisions of a commercial real estate lease and how to effectively negotiate terms will allow you to enter into a beneficial contract in order to avoid potential problems.

Gain the skills you need to be a detail-conscious drafter of commercial real estate leases. You'll learn everything you need to know about drafting the different types of leases. Include important provisions so you don't leave yourself open to liability. Protect yourself, financially, by using various credit enhancements. Cover all the important operational issues, so you can ensure the property is properly taken care of. Establish risk management procedures, exit plans and default strategies and minimize the impact on you and your business. Take a look at the documents you'll need to be familiar with and address some of the less common issues that may arise. Don't miss this chance to update your knowledge.

1. Introduction to Drafting Commercial Leases
2. Basic Lease Provisions
3. Documents Commonly Associated With the Leasing Process
4. Credit Enhancements and Forms of Security
5. Operational Issues to Include in Your Lease
6. Risk Management
7. Lease Exit Strategies
8. Default of Lease Contract
9. Other Issues

Continuing Education Credits:   

* denotes specialty credits

1. INTRODUCTION TO DRAFTING COMMERCIAL LEASES
   9:00 - 9:30, Ronald G. Klein
   1. Types of Leases
   2. Drafting Process
   3. Commercial Lease Checklist
2. BASIC LEASE PROVISIONS
   9:30 - 10:15, Ronald G. Klein
   1. Description of Premises
   2. Expansion and Contraction Options
   3. The Term of the Lease
   4. Extension and Renewal Rights
   5. Rent
   6. Operating Expenses, Pass Throughs, CAMs and Taxes
3. DOCUMENTS COMMONLY ASSOCIATED WITH THE LEASING PROCESS
   10:30 - 11:15, Ronald G. Klein
   1. Estoppel Certificates
   2. Short Form or Memorandum of Lease
   3. Subordination, Nondisturbance and Attornment Agreements (SNDA)
   4. Lease Amendment
4. CREDIT ENHANCEMENTS AND FORMS OF SECURITY
   11:15 - 12:00, Michael I. Feldman
   1. Security Deposits
   2. Letter of Credit
   3. Guaranty of Contract
   4. Lease Bond
5. OPERATIONAL ISSUES TO INCLUDE IN YOUR LEASE
   1:00 - 1:45, Joe Dewey
   1. Use, Exclusive Uses and Prohibited Uses
   2. Alterations to Leased Premises
   3. Repair Obligations
   4. Compliance With Federal, State and Local Laws
   5. Surrender of Property
6. RISK MANAGEMENT
   1:45 - 2:30, Joe Dewey
   1. Insurance
   2. Indemnity and Exculpation Clauses
   3. Casualty
   4. Hazardous Materials
7. LEASE EXIT STRATEGIES
   2:45 - 3:30, Michael I. Feldman
   1. Subleases
   2. Assignment of Lease
   3. Termination Rights
8. DEFAULT OF LEASE CONTRACT
   3:30 - 4:00. Michael I. Feldman
   1. Tenant Default and Landlord Remedies
   2. Landlord Default and Tenant Remedies
9. OTHER ISSUES
   4:00 - 4:30, Joe Dewey
   1. Construction Provisions (Including ADA Issues)
   2. Brokerage Considerations
   3. Quiet Enjoyment
   4. Boilerplate Provisions

JOE DEWEY is a partner in the Miami law firm of Holland & Knight LLP, where his practice is focused on real estate. He is a member of The Florida Bar. Mr. Dewey practices in the area of real estate finance, commercial leasing and the acquisition and sale of real estate assets. He regularly represents commercial banks, life insurance companies and other financial institutions in commercial lending and restructuring transactions. Mr. Dewey has substantial experience in syndicated and A/B note structured construction lending, representing both lead lenders and participant lenders. He has written and lectured on numerous real estate finance and development topics and is an adjunct professor of law at the University of Miami School of Law, teaching real estate transactions. Mr. Dewey earned both his B.A. degree, with honors, and his J.D. degree, with high honors, from the University of Florida, where he was Order of the Coif.

RONALD G. KLEIN is a shareholder with the Florida law firm of Klein and Fortune, P.A., where his areas of practice include corporate and commercial real estate, residential real estate, landlord and tenant law, probate and commercial litigation. He has spoken to the Miami Board of Realtors and Fidelity National Title Insurance Company on issues related to real estate law, and is a previous author and lecturer for National Business Institute. Mr. Klein is a member of The Florida Bar (member, Real Property, Probate Trust Law and Corporate Law sections). He earned his B.B.A. degree from the University of Miami, his M.S.M. degree from Florida International University and his J.D. degree, cum laude, from Nova University.

MICHAEL I. FELDMAN is an attorney with the law firm of Sacher, Zelman, Hartman, Paul, Beiley & Rolnick, P.A. Mr. Feldman's practice focuses in the areas of general civil and commercial litigation including all phases of landlord/tenant disputes, real property litigation, construction litigation, premises liability and auto negligence. His practice also includes handling all aspects of residential and commercial transactions including contract negotiation, preparation and the issuance of title insurance. Mr. Feldman is a member of The Florida Bar, the U.S. District Court for the Southern District of Florida, and the Dade County and American bar associations. He is also a member of the Attorneys' Title Insurance Fund (The Fund). He earned his B.S. degree from the University of Miami, his J.D. degree from The Shepard Broad Law Center at Nova Southeastern University and his M.B.A. degree from the H. Wayne Huizenga School of Entrepreneurship at Nova Southeastern University.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com