Unlocking Hidden Value In Your Lease
Have you ever wished you could amend a term or condition after signing your lease?
Many tenants quite wrongly believe that once a lease is signed, nothing can be changed. In reality, every tenant has several opportunities to renegotiate their lease.
A lease governs a constantly changing relationship. What made sense when it was signed may become impractical over time. These changing circumstances create leverage opportunities that can be used to improve your tenancy position.
Recognising Leverage Opportunities
Leverage opportunities fall into three main categories:
1. Obvious and Certain
Clearly stated rights tied to specific timelines or processes.
Examples include:
- Lease renewals
- Assignments or subletting
- Space expansion or reduction
- Signage rights
- Early termination clause
2. Silent and Sudden
Unexpected opportunities triggered by changes in circumstance.
Examples include:
- Requests for estoppel certificates
- Broad or flexible use clauses
- Landlord refinancing or ownership change
- Landlord exercising relocation rights
When your landlord requests a change, it is important to pause and ask, "Is this a threat or an opportunity?"
3. Created Opportunities
Proactively developed through detailed review and enforcement of existing lease terms.
Examples include:
- Additional rent audits
- Verification of premises measurement
A well-negotiated lease often includes all three types of leverage positions, ready to be utilised as circumstances change.
Using Leverage Wisely
The effectiveness of any leverage position depends on timing, market conditions, and how it is presented. When handled strategically and communicated professionally, leverage can deliver real, lasting benefits.
Collaboration generally achieves better results than confrontation. Focus on resolving the issue, not winning the argument.
Examples in Action
- Renewal Negotiation: Properly following the renewal process can often save $2-$3 per square foot and allow for adjustments to other lease terms.
- Estoppel Certificates: One tenant recovered a two-month rent deposit simply by accurately completing an estoppel certificate.
- Early Termination Rights: A tenant deferred a termination right to allow landlord refinancing in exchange for an elevator installation that improved patient access.
- Area and Rent Audits: A tenant discovered their premises measured 947.5 sq. ft instead of 1,100 sq. ft, resulting in a $20,000 rent overpayment. The issue was resolved through a rent adjustment, the additional of renewal options, and better signage without legal action.
Tips for Tenants
✅ Review your lease annually to identify time-sensitive clauses.
✅ Keep records of landlord communications and lease documents.
✅ Seek advice before signing estoppel certificates or consent forms.
✅ Monitor your rent statements for accuracy.
✅ Use professional advice early before deadlines pass.
⭐ Limited-Time Offer
Call us today to take advantage of a limited-time offer for a free review of your most recent lease renewal agreement.
Discover how small changes can make a major difference in your lease position and long-term practice value.
📅 Book Your Free 30-minute Consultation
📞 1-877-216-1013
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