Chapter 4 - § 4.11 • TENANT'S CHECKLIST

• Jurisdiction: Colorado

§ 4.11 • TENANT'S CHECKLIST

[ ] If a street address is used to identify the premises, check whether the real estate at the address is a simple tax parcel in the assessor's records.

[ ] In a space lease, describe the premises in words or by a drawing attached as an exhibit.

[ ] On any lease, include an exhibit accurately depicting the premises.

[ ] Try to make sure the depiction truly depicts the premises.

[ ] Ask about the load factor applicable in each building in which the tenant considers renting space.

[ ] Be wary of the space measurement if it is at the discretion of the landlord or the landlord's agent.

[ ] Try to insist on a defined method of measurement.

[ ] If the lease includes a clause that square footage stated in lease is binding on the parties, measure the space before signing the lease.

[ ] If the premises are being constructed as part of the lease, provide for the method of measurement, who will measure the premises, when measurement will occur, and how the measurement will be memorialized.

[ ] If a strong tenant, consider seeking an independent measurement clause.

[ ] Negotiate for a low rent-adjustment threshold in an independent measurement clause.

[ ] Include a dispute mechanism provision in any independent measurement clause.

[ ] Make sure the acceptance language in the leases and the work letter do not conflict.

[ ] If a strong tenant, reject an "as is" clause and require the landlord to warrant the condition of the premises, including the environmental condition of the property.

[ ] Ask that an "as is" clause include an exception for latent defects.

[ ] In the alternative, seek the right to terminate instead of being forced to live with latent defects.

[ ] Remove any clause that states occupancy is acceptance of the premises, and provide for an inspection procedure and punch list.

[ ] If accepting a clause that states that occupancy is acceptance of the premises, carve out latent defects.

[ ] Resist a relocation clause and seek protections by stating that the premises must be comparable, identifying key features that any premises must have, and providing that the landlord must pay relocations costs.

[ ] Ask for compensation for downtime, lost profits, and consequential losses for relocation.

[ ] Look for assurances that the tenant has adequate uses of common areas during the entire term.

[ ] Restrain the landlord's right to change common areas, particularly with respect to access to the premises and parking.

[ ] If a strong tenant...