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Commercial Lease Due Diligence 101: Landlord and Tenant Considerations, Provisions to Mitigate Client Risk

Property Inspection, Financial Health of the Parties, Environmental Concerns, Zoning, and More

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, September 25, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 29, 2025

or call 1-800-926-7926

This CLE webinar will provide new real estate attorneys with an overview of the due diligence process to be conducted before finalizing any commercial leasing transaction. The panel will examine obligations and issues facing tenants and landlords, how to define the scope of the due diligence process, and how to draft due diligence provisions in the commercial lease to mitigate risk for each party.

Description

The due diligence process is a critical step for tenants and landlords to take before finalizing any commercial lease deal because each party to the lease assumes significant risks and liabilities. The process allows the parties to evaluate those risks and liabilities before committing to the transaction.

Due diligence considerations for tenants include property inspection for any needed repairs and possible environmental issues, verification of zoning laws to ensure local zoning laws permit the tenant's intended property use, and a landlord background check to assess the landlord's financial stability, reputation, and performance with past tenants.

Key landlord considerations include assessing the tenant's financial stability and track record, rental history, running credit checks, and reviewing the company's business plan.

New attorneys representing tenants and landlords should understand the comprehensive scope of the due diligence process and how to best protect their clients' interests when drafting due diligence provisions in the commercial lease that outline each party's rights and obligations during the due diligence process.

Listen as our expert panel provides an overview of the due diligence process for tenants and landlords in commercial lease transactions. The panel will discuss how to navigate issues for both parties to avoid potential pitfalls while successfully guiding clients through the lease transaction.

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Outline

  1. Introduction
    1. Purpose of due diligence
    2. Defining the scope of due diligence
  2. Due diligence process and required documentation: tenant and landlord considerations
    1. Physical inspection of the property and buildings
    2. Zoning laws
    3. Environmental review
    4. Financial analysis of the parties
    5. Lender considerations
    6. Other
  3. Due diligence provisions in the lease
  4. Practitioner takeaways

Benefits

The panel will review these and other key considerations:

  • What areas should tenants focus on when performing due diligence? Why?
  • What are key due diligence considerations for landlords? Why?
  • How may counsel best protect their clients' interests when drafting due diligence provisions in the lease?
  • What are best practices for practitioners when guiding clients through the due diligence process?

Faculty

Bruton, Jennifer
Jennifer Bruton

Partner
Venable

Ms. Bruton is a real estate attorney representing clients in all aspects of sophisticated commercial real estate...  |  Read More

Peters, Adriana
Adriana M. Peters

Member
CSG Law

Ms. Peters has more than 20 years of in-house and private experience directing legal efforts with regard to real estate...  |  Read More

Attend on September 25

Early Discount (through 08/29/25)

Cannot Attend September 25?

Early Discount (through 08/29/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video