Seemingly simple omissions or mistakes made in lease documents can cause big headaches down the road. Think about that request for landlord’s consent with respect to a prospective sublease - when there is no required response time in the lease, how long is reasonable? Or what happens when the HVAC system needs to be repaired or replaced – the tenant thinks it’s part of “Building Systems” which are the landlord’s responsibility, but if that term isn’t defined in the lease, is that the case? Even something as simple as not dating the lease upon execution can result in another issue to iron out if the commencement date is tied to that date.
A little attention to detail goes a long way in ensuring that the following mishaps are avoided when the lease is signed…
Rent schedule includes errors in the calculation of monthly/annual base rent based on stated per square foot rates or annual percentage increases.
Capitalized terms are used (“Lease Year”, “Building Systems”, “Normal Building Hours”, etc.) but not defined in the lease.
There is no language included in the lease stating how payments are to be pro-rated for partial months or years during the term.
The lease wasn’t dated upon execution, so the “Effective Date” or "Lease Date", which is often used to define to other dates in the lease, is unknown.
Required response times to consent requests (such as in relation to assignment/subletting or alterations) are not stated.
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