Partners Real Estate

Read Before You Sign

Five Clauses That Matter More Than The Rent

The rate gets the attention. These five clauses decide whether you can sell the practice, whether the landlord can move you, and whether the lease follows you home.

$0 to your practice. The landlord pays our fee.

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Rent is the number everyone negotiates. These are the clauses that decide what the lease actually costs a medical practice over ten years, in the order we usually find them doing damage.

01

Relocation

The landlord can move you. Many office leases let the landlord relocate a tenant to comparable space in the building on notice. For an office tenant that is an inconvenience. For a practice with plumbed exam rooms, a lead-lined X-ray room, a sterilisation suite or a lab, it is a rebuild, and the clause often caps what the landlord pays for the move at far less than it costs.

What we push for. Delete it. Where it cannot be deleted: landlord pays every cost of the move including the full build-out, signage, stationery and patient notification, the new space is at least as good on every measure that matters to the practice, rent does not go up, and the practice can terminate instead of moving.
02

Assignment and sublease

The clause that decides whether you can sell your practice. A practice sale, a merger, bringing in a partner, moving the lease into a new entity or into an MSO or DSO structure: each is an assignment or a change of control, and a standard clause gives the landlord an unconditional veto over all of them. The buyer of your practice needs the lease more than almost anything else in the deal.

What we push for. Assignment to a buyer of the practice, an affiliate, or a successor entity without landlord consent, or with consent that cannot be unreasonably withheld, conditioned or delayed. Release of the original tenant and any guarantor on a qualifying assignment. A change of control that is not treated as an assignment.
03

Permitted and exclusive use

What you may do, and what your neighbour may not. The permitted-use clause defines what the practice may do in the space. Written narrowly, it blocks the services you add in year four. The exclusive-use clause, when there is one, keeps the landlord from leasing to a competing practice in the same building. When there is not one, there is nothing to stop a second orthodontist from opening across the hall.

What we push for. A permitted use broad enough for everything the practice does now and is likely to add. An exclusive on the practice's specialty for the building, with a real remedy if it is breached: reduced rent and a right to terminate, not just the right to sue.
04

The personal guaranty

The clause that follows you home. Most landlords ask the physician to guarantee the lease personally. A full, unlimited guaranty for the entire term means a practice that closes in year three leaves the doctor personally liable for every month of rent through year ten.

What we push for. A guaranty should be the landlord's ask, scoped to the landlord's real exposure, not a blank cheque. Cap it at a fixed number of months of rent, have it burn off after a period of on-time payment, or convert to a good-guy guaranty that ends when the keys are returned. On a sale of the practice, the original guarantor is released.
05

The renewal option

Your right to stay, on terms you can predict. A renewal option is only worth what its terms say. An option at "market rate" with the landlord deciding what market is, exercised in a narrow notice window you have to remember, is close to no option at all. An option that disappears on assignment leaves the buyer of your practice with a lease that ends.

What we push for. A defined rate: a fixed figure, a formula, or fair market value with a defined process if the parties disagree. A notice window the practice can meet, with a reminder duty on the landlord or at least no forfeiture for a late notice before the landlord has relet. Options that survive a permitted assignment.

Also Worth A Look

Four More Before You Sign

Holdover

The rent that applies if you stay past expiration, often 150% to 200% of the last month. Negotiate it down and make the first month or two holdover at the prior rate while a renewal is being papered.

Operating-expense cap and audit right

A cap on annual increases in controllable expenses, a defined base year, and the right to audit the reconciliation.

Delivery condition and code work

Who pays for ADA, fire, HVAC and electrical upgrades the building needs to support a medical use. Not the tenant, as a starting position.

Early termination

A one-time right to end the lease on notice and a defined payment. Expensive to exercise, cheap to ask for, and the right answer for a practice whose future is uncertain.

We negotiate the business terms. Your attorney reviews the lease document. This page is general information about medical office leases, not legal advice.

Not Ready To Call

Start With The Lease Itself

Send us the lease you have or the proposal you were handed. Within 72 hours we tell you what stands out: the rate against the market, the terms worth a closer look, and whether there is anything to do right now. No agreement, no fee for that, and your landlord does not hear about it.

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San Antonio and South Texas

The two-minute version

Our free tool at satxleasecheck.com compares the rent you pay against what the market charges for buildings like yours and flags the terms worth a closer look.

Keep Reading

The Other Two Guides

What This Costs Your Practice

Free To Your Practice. The Landlord Pays Our Fee.

1On most listed buildings the landlord pays a leasing fee.

It is in the listing agreement before you walk in.

2Alone, the landlord's broker keeps all of it.

You do not save it. Their broker keeps it.

3With us, our share comes out of that fee.

For most practices, $0 and no invoice from us.

Unrepresented
Landlord's broker keeps the whole fee
Represented by us
Landlord's broker
Your broker, on your side of the table

Same fee, two ways to split it. One of them puts a negotiator in your corner. The other does not.

A few situations differ, such as owner-direct, physician-owned and sublease space. We confirm the fee in writing on every building before you tour it. Brokerage fees are negotiable and not set by law.

Common Questions

Common questions

Do landlords actually agree to these changes?

Not all of them, every time. But each one is a normal request from a represented medical tenant, and the landlord's response tells you something. What is not normal is a practice signing a ten-year lease without anyone having asked.

Is it too late if the lease is already drafted?

No. Until it is signed everything is open, and the draft is the landlord's first position on the document just as the proposal was on the economics. Send it over.

Why not just let my attorney handle all of this?

You should have an attorney review the lease. What a broker adds is the market: which of these terms landlords in your submarket are actually giving, what comparable practices got, and the leverage of a real alternative. Business terms first, then legal review, is also the cheaper order.

Send Us The Draft Before You Sign It.

We read it against the terms you agreed and the market, usually within 72 hours.

Send us your lease Call (210) 384-2342
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