Lease Due Diligence

There are any number of searches and enquiries that can be made to complete due diligence in any type of transaction, including negotiating lease documentation. The business of the landlord and the tenant, the "hot button" issues between the parties, and the nature of the lease arrangement will shape the extent of the due diligence that is required in a particular transaction. Below is a summary of a number of searches that are commonly considered when conducting lease due diligence.

Title search

A search of title may be completed to confirm the legal description of the property and to ensure that the landlord owns the property. Where the landlord is a property manager or some other entity that is not the owner of the property, you may want to consider including a representation in the lease agreement that the particular entity has the authority to act on behalf of the landlord with respect to the negotiation and execution of the lease. Alternatively, a tenant may