Building Better Leases Series – Premises

Building Better Leases

The Premises refers to the location of the actual space that will be occupied by the Lessee (address, city, state, zip, country). At minimum, this means land, but it can also include other infrastructure (i.e. fencing), so in a typical situation the Premises in a Single Tenant lease would include the building, walkways, landscaped areas, and parking lot.

If your lease involves large spaces, unusually shaped properties or where the property is part of a larger Project, it may be wise to request a survey of the property to verify property lines, easements, setbacks and other physical elements of the property that may impact the Lessee’s use. Any new structures or improvements to structures that are not included at the time of signing the lease are not part of the Premises. They are considered improvements to the Premises.

The purpose of this section is to identify and describe what is being leased. The description of the leased Premises should include an address, description of boundaries, and aerial photo or diagram (optional to include building inspection reports, photographs, and baseline conditions). In some cases, it is important to point out what is excluded from the leased Premises. Accuracy is important here to avoid any confusion as to what the Lessee is actually leasing.