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When Your Lease Comes Up for Renewal

The months before a lease expires carry most of the leverage in a tenancy, and they are the months most often spent doing nothing.

By Zenith Commercial

Two glazed office towers converging toward the light between them.
Photograph ky0nch3ng , CC0

The months before a lease expires hold most of the leverage in a tenancy, and they are the months most often spent doing nothing. By the time renewal feels urgent, the position has usually already been decided.

The clock starts earlier than it feels like it should

Renewal is not a conversation for the last quarter of a term. If you have an option to renew, it almost certainly comes with a notice window, and that window will open and close well before the lease ends.

Miss it and the option is gone. Not delayed, gone. You are then negotiating without the thing you negotiated for at the start, which is a materially worse position than the one you were entitled to.

Find the date. Put it in a calendar with a reminder months ahead of it. This is the cheapest piece of lease administration there is and the one most frequently skipped.

Read the renewal clause before you read the market

Options are not all the same. Some fix the renewal rent, some set it at market, some set it at market with a floor at your current rate, and some say the parties will agree, which is not really an option at all.

If it renews at market, look at how market is determined and what happens when the two sides disagree. A clause that sends the question to arbitration is a different clause from one that leaves you to accept what is offered.

Check what carries over. An option to renew does not always carry the other terms with it, and allowances, exclusivity, signage rights and parking can quietly fall away at renewal unless the clause says otherwise.

What the landlord is weighing

A landlord losing a tenant does not simply swap one rent for another. There is downtime while the unit sits empty, the cost of getting it ready for somebody else, a fixturing period during which the new tenant pays little or nothing, commissions, and the risk that the replacement is worse than the one who left.

That whole set of costs is your leverage, and it is larger than most tenants assume. A landlord will often prefer a known tenant at a slightly lower number to an unknown one at a slightly higher number, because the higher number arrives months later and carries risk with it.

Your leverage is your record

The tenant with the strongest renewal position is the one who paid on time, kept the premises well, dealt with problems directly and did not generate complaints. That record is built across the whole term, not assembled in the last few months.

If you have invested in the space, say so plainly. Improvements that stay with the building are worth something to the landlord and are worth naming in the conversation.

Holding over is not a neutral outcome

If the term ends and you stay without a new agreement, most leases put you into a month to month arrangement, frequently at a premium to your previous rent and usually with little notice required on either side.

That is a poor place to run a business from. It is also a poor place to negotiate from, because the leverage has moved.

If you are not renewing

Give yourself the same runway. Understand what you are required to hand back and in what condition, because restoration obligations can be substantial and are easy to overlook until the end.

Start looking early enough that you are choosing rather than accepting. A tenant with time can walk away from a space that does not work. A tenant with four weeks cannot, and everybody in the conversation knows it.

2 minute check

Your lease is coming up. Renew, renegotiate or move?

Where you stand before the renewal conversation starts, and which way the answers point.

What kind of space is it?
Roughly how big is it?
How long until the lease ends?
Is there a renewal option in the lease?
Is the space still the right size?
How is the relationship with the landlord?
Has the landlord made you an offer yet?
Who signs off on the renewal?
Your result is ready.

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