The Rise of Amenities: Commercial Leasing and Operational Considerations

When selecting office space, building amenities are often a key factor in a tenant’s decision-making process and frequently play a central role in commercial lease negotiations.

Modern building amenities raise a variety of legal and commercial considerations relating to costs, user rights, operating standards and long-term commitments. Because amenity spaces often fall outside the scope of traditional landlord-tenant arrangements, standard lease provisions are rarely sufficient. Clear drafting, thoughtful risk allocation and detailed operational planning are essential to minimize disputes and protect the interests of both landlords and tenants.

Below are five of the most common considerations that arise when negotiating amenity-related provisions:

1. Commitment. Tenants increasingly seek assurances that important amenities will be delivered and maintained throughout the lease term. Landlords, however, typically want the flexibility to modify, relocate, replace or discontinue amenities as market conditions and tenant demands evolve.
2. Usage Rights. Tenants often seek guaranteed access to amenities, including priority booking rights and restrictions on public access or private events that could interfere with their use. Landlords generally prefer to retain broad discretion to implement booking systems, manage availability, host private events and potentially generate revenue from amenity spaces.
3. Costs and User Fees. Tenants commonly seek clarity on whether amenities will be available free of charge or subject to usage or booking fees. Where fees apply, tenants often request that they be calculated on a cost-recovery, non-profit basis. Landlords, on the other hand, seek to ensure that the costs of constructing, operating and maintaining amenities are fully recoverable through operating costs. Tenants frequently counter by requiring that any revenue generated from the amenity be credited against those costs so that only the landlord’s net operating costs are recoverable.
4. Operating Standards. It is not uncommon for tenants to negotiate minimum operating standards for amenities. These standards may address cleanliness, staffing levels, hours of operation, security, towel service for fitness facilities, and technical support for conference and meeting spaces.
5. Landlord Protections. Landlords typically negotiate the right to restrict or revoke access for individuals who misuse amenities or engage in disruptive conduct. They also commonly seek broad liability waivers and, for certain amenities such as fitness facilities or sports courts, may require users to execute a waiver of liability before access is granted.

Have more than five minutes? Contact the author or any other member of our Commercial Real Estate group, or watch our past seminar addressing this topic and more.