@064 CHAP 1 ÚÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ¿ ³ CHECKLIST FOR SIGNING A BUSINESS LEASE ³ ÀÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÙ @Q "If anything can go wrong it will. Nature always @Q sides with the hidden flaw." -- Murphy's Law @Q @Q "Murphy was a optimist." -- O'Toole's Law If you will need to lease space to operate your business in, have you located a suitable place that is available to you? If so, here are a number of critical points you need to consider before you sign a lease with the landlord: . The term of the lease. Many small businesses tend to start off by either growing rapidly or quickly fold- ing. Thus, except in a retail or service business, you will probably be better off leasing initially on a month-to-month basis or for as short a lease term as you can get, such as three or six months, even if the monthly rent is higher than for a longer lease. You will have enough financial problems already if your business fails, without being saddled with a long-term lease obligation. If all goes well, and you need to expand into a larger facility, you won't be constrained by a long-term lease on a place you have outgrown. . Whether you can put up the kind of sign you must have, as large as you need, on the building. A bus- iness like a restaurant can be devastated if the landlord doesn't permit a sign that is sufficiently visible to passersby. . Whether the landlord will permit you to make neces- sary improvements and alterations to the leased premises. . Whether the local health department, fire and police departments, air pollution control authorities and zoning rules will permit operation of your particular type of business at the location you have chosen. If not, it is better to find out BEFORE you have signed the lease. . Whether your location is in a high crime area that will require expensive burglary insurance and secur- ity precautions. . Whether there is enough parking nearby or good public transit access for customers. . Whether the location is appropriate to the kind of business you will conduct. There is usually no need to locate a manufacturing operation in a busy, high- traffic area. On the other hand, retail businesses are usually heavily dependent on the number of people passing nearby on foot or by car. For example, the owners of the Burger King chain reportedly select sites for their fast food restaurants by looking for locations that have at least 16,000 cars passing by each day at an average speed of about 30 miles per hour. . Whether the lease provides you an option to renew (and at what rental?) after the initial term expires. . Whether, if the lease is for more than just a few months, you have the right to sublease or assign the lease. If so, under what conditions or restrictions? Are the restrictions reasonable ones that you can live with? (Remember that a lease is a binding legal contract, and that if you agree to pay rent of $1,000 a month for two years, you are on the hook for $24,000 unless you can sublease or assign the lease to someone else--which the lease, or the landlord, may make difficult or impossible to do.)