QUESTION: Commercial real estate: how to check a tenant and a lease agreement?

Answer

Checking a tenant and a commercial real estate lease agreement is a critically important stage that directly affects the stability of your passive income and the safety of the premises. Before closing the deal, it is necessary to thoroughly analyze the financial condition of the potential tenant, their business reputation, and their real ability to fulfill all financial obligations under the agreement on time.

To minimize risks when working with commercial real estate, it is always useful to calculate both the baseline scenario of events and a pessimistic stress scenario that takes into account possible payment delays or the tenant's early departure. Be sure to include a financial cushion of 10–20 percent in case of property downtime or unforeseen repair expenses after tenant turnover.

Decide in advance which specific expenses, operating fees, or marketing budgets you are ready to cut first in the event of deteriorating market conditions. This approach will maintain business profitability even in a crisis and protect you from cash gaps when working with large spaces.

The process of comprehensive verification of the tenant and the agreement itself can be divided into several consecutive stages for ease of control.

Request constituent documents, current financial statements for the past year, certificates of no ongoing litigation, and no tax debts from the potential tenant.
Check the counterparty through specialized online services and state registries to ensure there are no bankruptcy procedures, mass enforcement proceedings, or inaccuracies in the legal address.
Detail all essential terms in the text of the agreement, including the procedure for rent indexation, the distribution of responsibilities for current and major repairs, and the conditions for making a security deposit.
Fix clear penalties in the agreement for delayed utility and rental payments, as well as the procedure for unilateral extrajudicial termination of the agreement upon systematic violation of its clauses.
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