A commercial lease is often the largest contract a small business signs. It can run five or ten years, it usually comes with a personal guaranty, and it almost always has been written to strongly favor the landlord. Washington gives commercial tenants far fewer built-in protections than residential renters, so the lease itself decides most of what happens when rent rises, the roof leaks, or you need to move.
Martin reviews, drafts and negotiates commercial leases for tenants and landlords in Shoreline, Seattle, Kenmore, and the surrounding area. The goal is simple: know exactly what you are signing, and fix the terms that matter before they become expensive.
How Martin helps with commercial leases
- Lease review for tenants: a plain-English summary of rent, operating costs, repairs, default and exit terms, with a prioritized list of changes to ask for.
- Lease negotiation: redlines and landlord correspondence on the terms that move the numbers.
- Lease drafting for landlords: a lease form that fits your building, your tenants and Washington law.
- Letters of intent: locking in the business terms before anyone drafts the full lease.
- Personal guaranties: limiting, capping or burning off the guaranty over time.
- Renewals, amendments and expansions: updating rent, term and space without losing the protections you already have.
- Assignments and subleases: including transferring a lease when you sell or buy a business.
- Estoppel certificates and SNDAs: the documents lenders and buyers ask tenants to sign.
Washington rules every commercial tenant and landlord should know
Residential protections generally do not apply
Washington’s Residential Landlord-Tenant Act (chapter 59.18 RCW) covers homes and apartments, not stores, offices or warehouses. A commercial lease is governed mostly by its own terms, plus the unlawful detainer statute in chapter 59.12 RCW when a landlord seeks to recover possession. That statute allows short notice periods for unpaid rent, which is why the default and cure language in your lease deserves careful attention.
One-sided attorney fee clauses become mutual
Many leases say the landlord recovers its attorney fees if there is a dispute. Under RCW 4.84.330, a contract clause that awards fees to one party is applied to both, so the prevailing party recovers fees either way. Knowing this changes how you weigh the risk of a dispute, and it is one reason the rest of your contract should be read with Washington law in mind.
Personal guaranties and community property
Most small business tenants are asked to sign a personal guaranty. In Washington, a married guarantor’s obligation can reach community property, and landlords sometimes ask both spouses to sign. A guaranty can often be limited to a set number of months of rent, reduced after a period of on-time payments, or released at renewal. If your business is organized as an LLC, the lease should also be signed by the company, not by you personally. Martin can help you set up the entity before you sign if it does not exist yet.
Zoning, permits and your permitted use
A lease that allows “retail” does not mean the City of Shoreline or Seattle will permit your specific use, sign or build-out. The lease should make the landlord’s delivery obligations and your rent start date depend on permits you can actually obtain.
Lease terms that cause the most trouble
| Clause | What to watch for |
|---|---|
| Operating expenses (NNN / CAM) | Uncapped increases, management fees stacked on other fees, capital repairs passed through, and no right to audit the reconciliation. |
| Repairs and maintenance | Tenant responsibility for roofs, structure or HVAC replacement in an older building. |
| Assignment and subletting | Landlord consent in its sole discretion, or profit sharing that makes selling your business impractical. |
| Relocation | A right for the landlord to move you to other space, sometimes at your cost. |
| Holdover | Rent at 150 to 200 percent if you stay past the term while negotiating a renewal. |
| Default and cure | Short cure periods and no written notice requirement before the landlord acts. |
| Tenant improvements | An allowance that is paid only after completion, or that must be repaid if you leave early. |
How it works
- Consultation. A short call about your business, the space, your timeline and your budget.
- Review. Martin reads the letter of intent or lease and gives you a written summary of risks and priorities.
- Negotiation. Redlines and proposed language go to the landlord or broker, focused on the terms that matter most to you.
- Revision. Martin reviews the landlord’s response and advises on what to accept, trade or push back on.
- Signing and follow-through. Final review of the execution copy, the guaranty and any exhibits, plus a calendar of key dates such as renewal notice deadlines.
Frequently asked questions
Should I have a lawyer review a commercial lease before I sign it?
Yes, especially if the term is longer than a year or you are signing a personal guaranty. Commercial leases are drafted by the landlord’s attorney and Washington law adds few protections for business tenants. A review before signing is when you have the most leverage to change terms.
Can I negotiate a commercial lease in Washington?
Almost always. Rent is only one term. Tenants regularly negotiate caps on operating expense increases, repair responsibilities, the size and duration of a personal guaranty, assignment rights, renewal options and the rent start date. What you can get depends on the market and the space, but asking costs little.
What does triple net (NNN) mean?
In a triple net lease, the tenant pays base rent plus its share of the property’s taxes, insurance and common area maintenance. Those costs change every year, so the lease should define them clearly, exclude capital replacements and landlord overhead, and give you the right to review the landlord’s annual reconciliation.
Does Washington’s residential landlord-tenant law protect my business?
Generally no. The Residential Landlord-Tenant Act in chapter 59.18 RCW applies to dwelling units. Commercial tenancies depend mostly on the lease itself, with eviction handled under the unlawful detainer statute in chapter 59.12 RCW. That makes the written lease much more important for a business.
How can I limit a personal guaranty on a commercial lease?
Common approaches include capping the guaranty at a set number of months of rent, having it decrease or expire after a period of on-time payments, limiting it to the initial term, or offering a larger security deposit instead. The right approach depends on your finances and how much the landlord wants the deal.
Can I transfer my lease if I sell my business?
Only if the lease allows it. Most leases require landlord consent to an assignment, and some let the landlord refuse for any reason or recapture the space. If a future sale is possible, negotiate assignment rights now, including a standard that consent will not be unreasonably withheld.
Does Martin represent landlords too?
Yes. Martin drafts lease forms for property owners and negotiates with tenants and their attorneys. For landlords, the focus is a clear, enforceable lease that fits the building and reduces the chance of disputes over expenses, repairs and default.
Talk to Martin before you sign
If you have a letter of intent or lease in hand, Martin can review it and tell you which terms to negotiate first.
Direct line: 206-929-0609
Office: 17503 10th Ave NE, Shoreline, WA 98155
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See the full list of services Martin Kreshon provides for Washington businesses.