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Negotiating Relocation Rights
A relocation provision, in its simplest description, is a contractual right in a commercial lease that permits the landlord to relocate a tenant to another space. Even without further explanation, one can imagine how having such a provision in a commercial lease would be problematic for a tenant. However, despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease.
This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.
The Landlord's Perspective on Relocation Provisions
A relocation provision allows a landlord the flexibility to uproot a tenant from its leased space and relocate them to another space for the remainder of the lease term when the need arises. A landlord may choose to exercise its option to relocate a tenant for a number of reasons but, very often, these rights are exercised to make room for a more desirable tenant. Another possibility is that a reputable tenant already has a lease with the landlord and wants to expand into another space that is currently occupied but is subject to a relocation provision. Further, building redesign and construction could cause a landlord to exercise its relocation rights.
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