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 When you see space that you think works for your business (See: How To Find Space), there are certain fundamental things which must be clearly established to confirm that it really does. Many of these things appear to be straightforward, but very often that is far from the case. One such issue is the actual amount of space that you are leasing. It might seem obvious that this can be determined by simply measuring the space. However, there are nearly as many different ways to measure space as there are landlords, and you will hear terms such as "usable", "carpetable", or "rentable" square footage, all of which have very different meanings, and each of which will result in a different number, that is, a different amount of space for which you are responsible. In addition, this number is the basis for the calculation of your monthly rent payments. (See: Components of Rentals) It is very important to have someone on your team who understands the implications of properly measuring your space, who can clarify the methodology used, and who can make certain that methodology serves your best interests. Once you have determined how the size of the space will be described and measured, you must also be aware of its condition. In New York, where the philosophy is caveat emptor, the landlord has no obligation to deliver the space to you in any particular condition. The condition of the space (like nearly all things in commercial leases) is often the subject of intense negotiation because you, as tenant, will be responsible for it over the course of the lease, and sometimes (if negotiations are not knowingly conducted) before the lease has commenced or even after it has terminated. You will need to understand the present condition of the space before the lease is signed. For instance, you should know whether the space is in compliance with relevant laws and regulations, and whether and to what extent there may be hazardous materials present, because you can end up being responsible for those matters at a significant cost, even though you did not cause them. This is where you will want to consult the licensed engineer and architect who are part of your team of experts. (See: Other Consultants for Tenant) They can tell you what issues are presented by the space, including zoning issues, and this information will enable your lawyer, who will be negotiating the lease, to help you to make sure you are getting space that will meet your expectations and minimize your liabilities. (See: Why Select Your Lawyer First) Zoning issues become particularly relevant if you have a specialized use in mind. There are different requirements to obtain certificates issued by various governmental departments and agencies authorizing the occupancy and use of the space that are relevant, depending on whether you are looking for office space, retail space, showroom space, industrial or warehouse space, or medical space, just to name a few. In addition to the condition of your particular space, the condition of the building in which the space is located should be investigated in order to address issues such as access, security, building services, core building systems (heating, ventilation, and air conditioning -- known as "HVAC" -- plumbing, mechanicals), fire, safety, telecommunications and computer capabilities. These are only a few of the items that should appear on your team's checklist.
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