Billboard Leasing Agreements: Key Considerations for Landlords and Tenants

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Tuesday, June 12, 2018

Recorded event now available

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Course Materials

This CLE course will provide real property counsel with a review of essential provisions in billboard lease agreements. Our panel of real estate attorneys will discuss how to address the unique concerns of both landlords and tenants for various considerations, including site suitability and use restrictions, construction, rent structuring, and relocation and termination rights.


Billboards make up the overwhelming majority of outdoor (also known as “out of home” or OOH) advertising and are beneficial to real property situated near public areas. Because OOH advertising companies typically lease or license property for advertising use, billboard leasing provides unique advantages to property owners by creating an additional income stream, increasing potential resale value, and maximizing utility in vacant or underused property. For advertiser-tenants, leasing requires a lower initial capital outlay and can provide greater flexibility over time.

Thoughtfully crafting of agreement terms in billboard leases can anticipate landlords’ and tenants’ unique challenges. If the parties do not adequately negotiate and draft these provisions, even seemingly innocuous provisions may have long-term consequences.

In addition to location and the suitability of a type of billboard for the site, parties must consider local zoning requirements, applicable state/federal regulations, duration, payment and renewal terms, construction issues, potential third-party subleasing or assignment, and each party’s respective obligations at termination. Real estate counsel must understand the impact of these and a myriad of complexities for the viability of the transaction in the future.

Listen as our panel discusses critical considerations for counsel negotiating billboard leases on behalf of landlords or tenants.



  1. Billboard leasing in general
  2. ​Regulatory issues
  3. Allocation of risks
  4. Considerations for owners
  5. Considerations for tenants


The panel will review these and other principal issues:

  • What are the primary regulatory challenges for outdoor advertising and billboard leases?
  • How are risks allocated between the landowner and the outdoor advertising tenant? How should lease agreements reflect risk allocation?
  • How are the costs allocated for the payment of taxes, utilities, government approvals and responding to community objections?
  • What are the issues unique to electronic billboards?
  • What are the critical challenges for landowner/landlords and outdoor advertising tenants in negotiating and finalizing a lease agreement?


Hamlin, Richard
Richard F. Hamlin

Founding Partner
Hamlin Cody

Mr. Hamlin's 40+ year practice focuses on advising clients on outdoor and out-of-home advertising, among other...  |  Read More

Cody, Marnie
Marnie C. Cody

Hamlin Cody

Ms. Cody's experience in outdoor advertising law is well established and dates back almost 30 years. She represents...  |  Read More

Wright, Glenn
Glenn D. Wright

Wright Law Firm

Mr. Wright has handled many billboard, retail, office and commercial leases in the New York metropolitan area for over...  |  Read More

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