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Does Your Lease Provide Adequate Parking?

The last thing on your mind when you sign a lease for commercial space to house your business may be parking. That seemingly obvious and vital component of a business’s space needs is commonly overlooked, and can be costly to remedy after the lease is executed. Many leases may not provide adequate parking for employers and customers, or may not even address the issue of parking. Taking some time to consider your business’s present and future parking demands will benefit both you and the landlord, and avoid difficult future disputes over parking matters.

Sometimes, a business may want parking provisions excluded from the lease. If you’re a retail business owner, some situations may counsel purposeful avoidance of any parking discussion in your lease. For example, if you believe that your customer’s utilization of the parking area will occupy a greater portion than other tenants of similar size. As a second example, if you believe the landlord has greater leverage than you in negotiating the lease terms. In either case, it is likely that the landlord will be able to place greater restrictions than you would have on your parking apportionment.

If you suspect relatively equal bargaining leverage, or leverage that tips in your favor, the added certainty that a parking provision provides may be preferable to avoiding the topic within the lease agreement. Especially if your restaurant has specific parking needs that, if left unmet, would threaten the viability of your business. If your patrons would require lengthy parking times like at a large entertainment venue or restaurant, including a parking clause would be highly advisable. You may also want to address parking allowances within the lease if the main area around your business is already congested.

The types of parking provisions that could be used are numerous and vary depending on the specific needs of your business and your the level of certainty you need to ensure with respect to parking space. Examples include general provisions that sufficient parking will be provided at all time or at all operating hours of the business, a clause that allocates a specific number of parking spaces for unlimited use, a clause reserving specific spaces for the exclusive use of your business, and a clause requiring your employees to park only in certain designated spaces. A qualified attorney can help you determine the optimal approach and secure terms most advantageous to the needs of your business.

R. D. Adair, PLLC offers experienced business counsel and can assist you with your business lease issues. To learn more about the review of a commercial lease, or how we can assist you in a related matter, contact us today to schedule a consultation.


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