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Commercial Leases: Negotiating and Drafting Early Termination and Assignment Clauses

Permitted Transfers, Consent, Recapture, and Mitigation Clauses

Recording of a 90-minute premium CLE video webinar with 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.

Conducted on Tuesday, June 27, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will provide practical guidance to real estate counsel on early termination clauses in commercial leases, with a focus on best practices in negotiating, drafting, and documenting early termination provisions and liquidated damage clauses and assignments and permitted transfers.


Commercial leases are typically long-term agreements that require tenants and landlords to negotiate numerous rights and provisions. The ability to terminate a contract early and mitigate the damages creates challenges on both sides. For a tenant, such options allow for more certainty about future occupancy, bolstering its decision to invest in that location. For a landlord, such options--while not a guarantee of future rents--provide a higher likelihood of continuity of occupancy. Such arrangements can result in high yield and low risk lease agreements for both parties.

Key to structuring such early termination rights is a proper focus on issues, including rent calculations, performance conditions, limitations on assignment, and risk management requirements.

Listen as our authoritative panel of real estate practitioners provides practical guidance and strategic insights on these termination clauses, with a focus on best practices in negotiating, drafting, and documenting commercial lease renewal options and opportunities for early termination.



  1. Options for early termination
    1. Rent calculation
    2. Related provisions
  2. Assignments of lease


The panel will review these and other related issues:

  • How can counsel draft early termination provisions that protect their clients--whether landlord or tenant?
  • What are the best practices for drafting options provisions in commercial leases?
  • What is the importance of performance conditions, limitations on assignment, and other requirements?


Hughes, Travis
Travis D. Hughes

Hughes Investment Partners

Mr. Hughes focuses his practice on a wide array of transactions related to commercial real estate, including office...  |  Read More

Rivera, Oscar
Oscar R. Rivera

Managing Shareholder
Siegfried Rivera

Mr. Rivera’s practice focuses on real property and corporate law, representing numerous developers, investment...  |  Read More

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