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The Cafe Business 10 / 50
Chapter 5: The Leases and Legalities (The Boring Stuff That Will Save Your Ass) (Part 1)

I'm going to start this chapter with a confession: I didn't hire a lawyer for my first lease. I thought I could handle it. I'm smart, I reasoned. I can read a contract. I don't need to pay someone $300 an hour to tell me what words mean. I was an idiot. The lease I signed was a standard commercial lease form. It was fifteen pages long. It was filled with legalese that I sort of understood but didn't fully appreciate. And it was a disaster. Here's what I missed: the lease gave the landlord the right to increase my rent if property taxes went up. I read that clause. I understood it. But I didn't realize that property taxes in that area had increased by 40% over the previous five years. So when the taxes went up, my rent went up by $500 a month. That was $6,000 a year I hadn't budgeted for. I also missed the clause that said I was responsible for all interior and exterior repairs, including the roof. I thought the roof was the landlord's problem. It wasn't. When the roof started leaking, I had to pay $7,000 to fix it. In my first year of business. When I was already struggling. I also missed the clause that said I couldn't sublease without the landlord's written permission. When my business was failing and I wanted to sublease to another tenant to cover the rent, the landlord refused. He didn't have to let me. The contract was clear. I was stuck. And here's the worst part: I signed a personal guarantee. That means if my business defaulted on the rent, I personally owed the money. And when I finally closed that café, I was still on the hook for the remaining eighteen months of the lease. That was $90,000. I'm still paying it off. I'll probably be paying it off until my daughter goes to college. So here's my advice, and I can't say this strongly enough: hire a commercial real estate lawyer. Not a divorce lawyer. Not a real estate agent. A commercial real estate lawyer who specializes in leases. Pay them to review the contract. Pay them to negotiate on your behalf. Pay them to protect you from clauses you don't understand. Here are the specific things you need your lawyer to look for: Personal Guarantee: Is it limited or unlimited? Unlimited means you're personally on the hook for the entire lease. Limited means you're only on the hook for a portion, like one year's rent. A limited guarantee is vastly preferable, and many landlords will accept it if you push. They just won't offer it up front. Exclusivity Clause: Does the landlord agree not to rent to a competing business in the same building or shopping center? Without this, the landlord can put a Starbucks in the unit next to you. I've seen it happen. It's devastating. Get it in writing. Right to Sublease: If your business is struggling, can you sublease the space to someone else? Can you assign the lease entirely? Having this option gives you an escape route. Without it, you're trapped. Improvement Allowance: Is the landlord contributing anything to the build-out? Many landlords will offer a tenant improvement allowance—$20 per square foot, for example—to cover the cost of making the space usable. If they don't offer it, ask for it. It's a negotiation. Maintenance and Repairs: Who is responsible for what? You should be responsible for the interior maintenance. The landlord should be responsible for the structural stuff—the roof, the foundation, the exterior walls. If the lease says

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