A broad common area definition can include vacant space, landlord offices, and renovation areas, making tenants pay for spaces they never use.
The common area definition clause specifies which physical spaces and facilities within a property qualify as "common areas" for the purpose of allocating maintenance and operating costs to tenants. Common areas typically include lobbies, hallways, restrooms, parking areas, and landscaped grounds, but the precise boundaries determine which maintenance costs tenants share.
If the common area definition is overly broad, the landlord can charge tenants for maintaining spaces that primarily benefit the landlord or specific tenants. For example, including a fitness center, management office, or vacant tenant space in the common area definition means all tenants share those costs. A precise definition ensures tenants only pay for genuinely shared spaces.
“Common Areas shall mean those portions of the Property designed for the common use and benefit of all tenants, including: lobbies, corridors, stairwells, elevators, restrooms, parking areas, sidewalks, landscaped areas, and loading docks. Common Areas shall not include: (a) any space leased or available for lease to tenants; (b) Landlord's management or administrative offices; (c) mechanical rooms, electrical closets, or utility spaces serving individual tenant premises; (d) areas under construction or renovation; or (e) any space used exclusively by a single tenant.”
This is illustrative language only. Your actual lease language controls your rights.
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20-30%
An estimated 20-30% of commercial properties include non-shared spaces in their common area calculations [industry estimate]
Source: BOMA / Property Management Analysis (2024)
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