What's actually in landlord-drafted commercial leases
Most commercial leases are drafted by the landlord's attorney and presented to tenants as standard. Many of the most consequential clauses — uncapped CAM, full-term personal guarantees, sole-discretion subletting — are routine in landlord-prepared leases. This page documents how frequently these terms appear.
Risk clause frequency in landlord-prepared leases
How often these clauses appear in standard commercial leases as drafted by the landlord — before any tenant negotiation.
Commercial lease cost benchmarks
Reference figures for commercial tenants evaluating a lease against market norms.
Why these clauses get signed without negotiation
Commercial leases are long documents — typically 30–80 pages — and are reviewed under time pressure. Tenants often focus on rent and move-in date, not on the clauses that only become relevant three or four years into the term.
CAM charges look small in Year 1. A personal guarantee feels abstract when the business is healthy. Holdover provisions are invisible until you need an extra month to move out. These clauses are included in almost every landlord-drafted lease because they are almost never challenged — and when they are challenged, most landlords will negotiate.
The gap isn't information — commercial real estate attorneys know exactly what to look for. The gap is access. A focused attorney review of a commercial lease runs $600–$2,000. Most small business tenants sign without one.
Methodology note
Frequency figures represent the proportion of standard commercial leases in which the described clause appears as drafted by the landlord, based on analysis of retail, office, and industrial lease templates commonly used in the United States. "Standard" means the lease as presented to the tenant before negotiation. These figures reflect drafting norms, not final executed lease terms — many of these clauses are negotiated out or modified before signing when tenants know to request changes. For more on how LeaseLens identifies and classifies these clauses, see our methodology page.
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