Items That Should Be Addressed in a Dental Office Lease
125 Items Across 11 Sections
This checklist is not legal advice and does not replace review by a qualified commercial lease attorney or tenant-representation broker experienced with dental office leases. A dental lease can be a long-term, high-dollar commitment. This tool does not determine whether the document is good or bad and does not determine whether the terms are fair, enforceable, or market. It only identifies whether major lease issues have been addressed clearly enough for the parties to understand their obligations. Mark Yes when the item is addressed clearly and specifically. Mark No when the item is not addressed. Mark Not Clear when the item appears to be addressed but the language is vague, incomplete, ambiguous, or needs additional explanation. Any No or Not Clear item should be addressed in writing before the document is finalized.
0 of 125 items reviewed (0%)
Yes: 0
No: 0
Not Clear: 0
Remaining: 125
PREMISES AND PARTIES
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1The landlord and tenant are identified by correct legal name.
2The leased premises are described clearly.
3The suite number and building address are stated.
4The rentable square footage is stated.
5The usable square footage is stated if different from rentable square footage.
6The method for measuring square footage is addressed.
7Common areas included or available for use are addressed.
8Parking rights are stated.
9Storage, utility rooms, mechanical rooms, and shared spaces are addressed if relevant.
10The lease states whether the premises may be used as a dental office.
11The lease states whether the landlord has any right to relocate the practice within the building or property, and if so, who pays the costs and what conditions apply.
TERM, COMMENCEMENT, AND RENEWAL
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12The lease term is stated.
13The commencement date is stated.
14The rent commencement date is stated.
15Any free rent period is stated.
16Any construction or permitting delay provisions are stated.
17The lease states what happens if the premises are not delivered on time.
18Renewal options are stated.
19The number and length of renewal options are stated.
20The deadline to exercise renewal options is stated.
21The method for determining rent during renewal terms is stated.
22The lease states whether renewal rights are lost after default.
RENT AND ECONOMIC TERMS
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23Base rent is stated.
24Rent increases or escalations are stated.
25The lease states whether increases are fixed, CPI-based, market-based, or another method.
26Additional rent is defined.
27CAM charges are defined.
28Property tax obligations are stated.
29Insurance reimbursement obligations are stated.
30Utility obligations are stated.
31Janitorial obligations are stated.
32HVAC maintenance and repair obligations are stated.
33Late fees and interest are stated.
34Security deposit amount is stated.
35The lease states whether the security deposit may be applied to rent or damages.
36The lease states when the security deposit is returned.
TENANT IMPROVEMENTS AND BUILDOUT
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37The tenant improvement allowance is stated if any is provided.
38The scope of landlord work is stated.
39The scope of tenant work is stated.
40The lease states who prepares plans and specifications.
41The lease states who approves plans and specifications.
42The lease states who obtains permits.
43The lease states who pays for permit fees.
44The lease states who pays for cost overruns.
45The lease states construction deadlines and milestone dates.
46The lease states whether rent begins before construction is complete.
47The lease addresses dental plumbing, suction, compressor, electrical, IT, shielding, nitrous, sedation, and specialty infrastructure if relevant.
48The lease states who owns improvements at the end of the lease.
49The lease states whether tenant must remove improvements at the end of the lease.
USE, EXCLUSIVITY, AND RESTRICTIONS
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50The permitted use includes dental practice operations.
51The permitted use includes all intended specialties or procedures.
52The lease states whether sedation, surgery, imaging, or specialty services are permitted if relevant.
53The lease states whether laboratory, sterilization, compressor, vacuum, or imaging equipment is permitted.
54Any exclusive dental use right is stated.
55The lease states whether landlord may lease space to another dentist or dental specialist in the property.
56The lease states whether the tenant may operate under different dental trade names.
57The lease states whether tenant may add associates, specialists, hygienists, or management companies.
58The lease states building rules affecting dental operations.
59The lease states hours of operation requirements or restrictions.
ASSIGNMENT, SUBLEASE, AND SALE OF PRACTICE
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60The lease states whether assignment is allowed.
61The lease states whether subleasing is allowed.
62The lease states the consent standard for assignment or sublease.
63The lease states whether landlord consent must be reasonable.
64The lease states whether sale of the dental practice is treated as an assignment.
65The lease states whether change of ownership is treated as an assignment.
66The lease states whether transfer to a DSO, MSO, professional entity, or affiliate is allowed.
67The lease states whether landlord may charge fees for assignment review.
68The lease states whether the original tenant remains liable after assignment.
69The lease states whether personal guarantors remain liable after assignment.
70The lease states whether landlord has recapture rights if tenant requests assignment or sublease.
71The lease addresses whether the landlord will provide an SNDA, estoppel certificate, or related lender documentation if requested.
PERSONAL GUARANTY AND SECURITY
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72The lease states whether a personal guaranty is required.
73The guarantor is identified.
74The duration of the guaranty is stated.
75The amount covered by the guaranty is stated.
76The lease states whether the guaranty burns off, reduces, or ends after certain conditions are met.
77The lease states whether the guaranty survives assignment.
78The lease states whether the guaranty applies during renewal terms.
79The lease states whether the landlord may require additional security.
80The lease states whether a letter of credit is required.
81The lease states what happens to security after sale of the practice.
MAINTENANCE, REPAIRS, AND COMPLIANCE
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82Landlord maintenance obligations are stated.
83Tenant maintenance obligations are stated.
84Structural repair obligations are stated.
85Roof repair obligations are stated.
86Plumbing repair obligations are stated.
87Electrical repair obligations are stated.
88HVAC repair and replacement obligations are stated.
89Dental-specific plumbing and utility obligations are stated.
90Waste, sharps, biohazard, radiation, and compliance obligations are addressed if relevant.
91ADA compliance responsibility is stated.
92Building code compliance responsibility is stated.
93The lease states who pays for legally required upgrades.
SIGNAGE, ACCESS, AND VISIBILITY
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94Exterior signage rights are stated.
95Monument signage rights are stated if applicable.
96Directory signage rights are stated.
97Window signage rights are stated if applicable.
98Sign approval process is stated.
99Signage installation and maintenance costs are stated.
100Patient and staff parking rights are stated.
101After-hours access rights are stated.
102Access for emergencies is stated.
103The lease addresses elevator, lobby, corridor, and common area access if relevant.
INSURANCE, INDEMNITY, AND CASUALTY
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104Tenant insurance requirements are stated.
105Landlord insurance responsibilities are stated.
106Additional insured requirements are stated.
107Waiver of subrogation is addressed.
108Indemnity obligations are stated.
109Casualty damage procedures are stated.
110The lease states whether rent abates after casualty damage.
111The lease states whether either party may terminate after major casualty damage.
112The lease states who controls restoration work.
113The lease states how insurance proceeds are used after casualty damage.
DEFAULT, REMEDIES, AND END OF TERM
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114Tenant default events are stated.
115Landlord default events are stated.
116Notice and cure periods are stated.
117Landlord remedies after tenant default are stated.
118Tenant remedies after landlord default are stated.
119Attorney fee responsibility is stated.
120Holdover rent is stated.
121Surrender obligations are stated.
122Restoration or removal obligations at lease end are stated.
123The lease states whether equipment, cabling, dental plumbing, cabinetry, and fixtures must be removed.
124The lease states how abandoned property is handled.
125The lease states governing law and dispute process.
A downloadable, interactive version is available on the Publications page at DDS Private Capital.
This checklist is for educational purposes only and is not legal advice. A dental lease can be a long-term, high-dollar commitment. Consult a qualified commercial lease attorney and tenant-representation broker experienced with dental office leases before relying on any lease document.
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