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Commercial flex lease checklist

What to ask before you sign.

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Commercial leases in Texas give tenants fewer protections than residential leases, so read every clause. Have a Texas real estate attorney review anything you're unsure about.

Money

  • Base rent per square foot per year, and annual increases (often 3%)
  • NNN or operating expense estimate, and whether there's a cap on increases
  • Security deposit and any personal guarantee
  • Free rent or tenant improvement allowance
  • Utilities: separately metered?

The space

  • Is your use allowed under zoning, deed restrictions and the lease?
  • Certificate of occupancy requirements in your city
  • Power capacity (amps, three-phase), HVAC in the warehouse, and restrooms
  • Door sizes, clear height, floor load and parking
  • Outside storage and signage rights
  • Who maintains the roof, HVAC, and parking lot

Terms

  • Lease length and renewal options
  • Right to sublease or assign if you outgrow it
  • Expansion rights into neighboring bays
  • Insurance requirements
  • Restoration obligations when you move out

Before move-in

  • Photograph the space's condition
  • Confirm keys, access codes and alarm
  • Set up utilities and internet (check fiber availability early in rural areas)