Why submit a rental offer before signing a commercial lease?

The presentation of a rental offer allows the prospective tenant to propose to the landlord the main conditions under which he would be willing to rent the premises before the preparation of a detailed commercial lease.

The offer thus constitutes a negotiation stage which can allow the parties to quickly determine whether they are likely to agree on the main elements of the lease before devoting more time and resources to preparing the lease.

The prospective tenant can, in particular, use the offer to propose or negotiate:

• the premises and the area he wishes to rent;
• the duration of the lease;
• the proposed loyer;
• the additional charges and the proportional share of the operating costs;
• the date of taking possession;
• the period required to carry out certain works or to prepare the premises;
• a period of free rent or a contribution from the landlord towards the work, when negotiated;
• renewal options;
• an exclusivity clause, when the nature of the activities justifies it;
• parking spaces or other ancillary spaces necessary for the operation of the business;
• certain conditions must be met before the rental can take place.

Submitting an offer also allows the prospective tenant to make known from the outset of negotiations the conditions that are particularly important to their business rather than waiting for the receipt of a draft lease to negotiate them.

When the landlord accepts the offer or submits a counter-offer, the parties can then use the agreed terms as a starting point for preparing a more detailed commercial lease.

However, it's important to avoid automatically viewing an offer as a mere negotiation step without legal consequences. Depending on its wording, content, and the circumstances, an accepted offer can create obligations for the parties involved. Therefore, it's crucial to understand its implications before signing or accepting it.