Top Ten Issues for Concessionaire Leases

Kerry M. Lavelle • September 16, 2019


You may have an opportunity, particularly in a grocery store, to allow a third party to lease space from you in your store that is complimentary to your business which would further serve your customers. If you are considering such a sublease whether it be with a bank, a cell phone store, or other independent user, please consider the following:

1) Check your existing lease. You need to make sure that your existing lease allows for subletting to concessionaires. Do you need permission from your landlord?

2) Calculate the square footage, accurately and fairly. Make sure that you are using the outside wall measurements for your subtenant. Presumably, the ingress and egress from the subtenant space are not in the additional charges. Also, you should include a clause in your lease that allows you to pass on the additional costs to the subtenant.

3) Reserve the right to relocate. Your subtenant may have a cart that is easy to move which sells trinkets or other items to your customers. If your subtenant is a bank and has permanent walls, a safe, and other items, relocation might be impossible. Attempt to reserve the right to relocate your subtenant.

4) Will the subtenant increase your insurance risk? If the subtenant is selling flammable material, or ammunition, your insurance carrier would view that as increasing your insurance risk, thus resulting in an increase in your insurance premiums. Check your insurance policy with your insurance agent before you sign the lease.

5) Make sure your subtenant has insurance. As part of the subtenant’s insurance, ask the subtenant to produce an “additional insured” certificate naming you as an additional insured.

6) Understand the construction. If it will be a semi-permanent subtenant like a bank, make sure you understand the construction process, and the space required, that is additional to the final use space, that will be necessary for workers to construct walls and countertops. And how will the construction interfere with your business?

7) Construction penetrations. Have a thorough discussion with your subtenant and have the ability to review the plans in advance to make sure the subtenant is not penetrating the outer wall of the store (for example, for an ATM machine) or making penetrations in the roof (for the ventilation for a cooking stove) which, post-lease would be costly and possibly unsightly to repair.

8) Use of the back door. Will you allow the subtenant to ship out and accept deliveries from the back door? Will the use of the back door adversely affect your operation?

9) Who will have the keys to the exterior doors? Generally, concessionaires do not keep keys for the exterior doors. Their hours are limited to the hours of your store.

10) Co-marketing agreements? Consider the obvious use of each other’s names in your marketing efforts. Certainly, the subtenant will have to state that their location is in your store but also there may be a way to cross-market with the services provided by the subtenant to your customers, thus creating customer loyalty.


If you have any questions on concessionaire leases, do not hesitate to contact Kerry Lavelle at klavelle@lavellelaw.com to schedule an appointment.


More News & Resources

Lavelle Law News and Events

IRS Issues Guidance on Trump Accounts Established Under the Working Families Tax Cuts
By Timothy M. Hughes December 10, 2025
The Department of the Treasury and the Internal Revenue Service recently issued a notice announcing upcoming regulations and providing guidance regarding Trump Accounts, which are a new type of individual retirement account (IRA) for eligible children.
Consider this two-part test when finding the right attorney or law firm.
By Kerry M. Lavelle December 9, 2025
How do you choose the right attorney or law firm for your needs? Attorney Kerry Lavelle has refined his answer to this common question into a clear, two-part test - one that helps individuals and businesses identify legal representation that is both highly competent and truly client-focused.
IL Condominium Law: Updates, HOA Strategies, & Financing Insights - a presentation recording
November 24, 2025
Daday and Kish discussed the essentials of Illinois condominium and common interest community association law. The presentation highlighted recent legal updates impacting HOA operations and addressed key issues in collections and safeguarding the financial interests of the association.
Understanding Grandparent Visitation Rights in Illinois
By Elizabeth C. Thompson November 19, 2025
While Illinois law recognizes that grandparents can play a vital role in a child’s life, it also strongly defers to the rights of parents. A grandparent seeking visitation must overcome a high legal threshold and demonstrate that denial of contact would likely harm the child’s well-being.
Behind the Scenes of Our 2025 Food Drive Delivery Day!
By Lavelle Law Charities November 17, 2025
The 2025 Lavelle Law Charities Food Drive wrapped up excitingly on October 24, 2025! After weeks of heartfelt community giving, Lavelle Law team members personally delivered an enormous haul to the Schaumburg Township Food Pantry.
Impact of Partial Government Shutdown on IRS – Day 41
By Timothy M. Hughes November 10, 2025
Impact of Partial Government Shutdown on IRS – Day 41: Due to the current lapse in appropriations, IRS operations are limited. However, the underlying tax law remains in effect, and all taxpayers must continue to meet their tax obligations as normal.
$65 Million Sale of Business - Lavelle Law Success Story
By Business Law October 29, 2025
$65 Million Sale of Business – a Lavelle Law Success Story. We were able to effectively negotiate the terms of a complex sale in a manner that enabled both buyer and seller to achieve their objectives.
Free Event. Learn the nuts and bolts of Illinois condominium law.
By Stephen G. Daday and Robyn K. Kish October 27, 2025
Explore the nuts and bolts of condominium law and gain actionable strategies to navigate today’s condominium and HOA challenges in Illinois.
New law provides expanded protection for Illinois residents, increasing key debtor exemptions.
By Timothy M. Hughes October 15, 2025
The Illinois General Assembly enacted Public Act 1738, amending several provisions of the Illinois Code of Civil Procedure to raise debtor exemption limits effective 1.1.26. The new law provides expanded protection for residents, marking the most significant increase to the state’s exemption statutes in over a decade.
Be proactive and put your home in a trust to avoid the time, hassle, and expense of probate court.
By Heather A. McCollum October 13, 2025
A crucial estate planning tool that many people in Illinois overlook is putting their home in a trust. Placing your house in a revocable trust offers multiple benefits. It avoids probate, which can save your family time and money after your death.
More Posts