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Don't Forget the Boilerplate: Not All Standard Miscellaneous Provisions Are Standard
After extensively reviewing or drafting the “substantive” provisions of a lease, it is tempting to overlook the so-called “boilerplate” provisions usually found at the end of the lease. These provisions typically are placed innocuously in the “Miscellaneous” section of a lease, thereby furthering the impression that such provisions are standardized and of little importance. Such boilerplate provisions are not nearly as uniform and standard as one might think, however, and numerous differences can be found in Miscellaneous provisions depending on whether the lease is drafted on behalf of the landlord or the tenant. It is imperative, therefore, that the boilerplate provisions of a lease are carefully reviewed by both parties to ensure that such provisions accurately and completely set forth each party's understanding of the lease terms.
This article provides a brief overview of several boilerplate provisions almost always found in a lease, regardless of whether the drafter represents the landlord or the tenant. The article enumerates several of the substantive differences that can be found in such provisions, and demonstrates the necessity of carefully reviewing such provisions. It then references several provisions that a tenant-oriented form likely would include under the Miscellaneous section, and also references several provisions likely to be included in the Miscellaneous section of a landlord-oriented form. Despite the inclination to gloss over boilerplate language, it is clear that failing to adequately review such language could lead to unintended consequences.
Several provisions are almost always included in the Miscellaneous section of a commercial lease, but such provisions are not nearly as standardized as one might believe.
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