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

New Illinois Employment Laws for 2026
By Lance C. Ziebell and Sarah J. Reusché February 19, 2026
Lavelle Law seminar highlighted key 2026 Illinois employment laws for employers: expanded Workplace Transparency Act rules, AI discrimination bans in hiring, paid nursing breaks, broader state employee insurance, & upcoming neonatal ICU leave.
New guidance on how businesses can take advantage of the return of 100 percent bonus depreciation.
By Frank J. Portera and Anthony V. Letto February 16, 2026
For many businesses, the ability to fully expense capital investments in the first year presents a meaningful opportunity to reduce tax liability and reinvest in growth. Proper classification, timing, and election planning remain essential to maximizing the benefit.
New FinCEN Reporting Rule for Certain Residential Real Estate Transactions
By Steven A. Migala February 10, 2026
Beginning 3.1.26, new federal regulations issued by FinCEN will significantly affect how certain residential real estate closings are handled. Issued under the authority of the Bank Secrecy Act, the rule requires the reporting of specified non-financed residential real estate transfers involving legal entities & trusts
Bankruptcy Cannot Discharge Taxpayer’s Questionable Tax Liabilities
By Timothy M. Hughes February 10, 2026
Certain income taxes can be discharged in bankruptcy if they meet a four-part test, the last test being a subjective test. On January 20, 2026, Judge Bentley of the U.S. Bankruptcy Court for the SDNY issued a 46-page judgment determining that a chapter 7 debtor did not meet the fourth test.
SCOTUS ruled that candidates are allowed to challenge vote-counting rules.
By John J. Lydon and Jacob N. Rotolo February 4, 2026
On January 14, 2026, the U.S. Supreme Court decided that political candidates can bring lawsuits over election rules. In Bost v. Illinois State Board of Elections, the Court held that a candidate for office has the right to challenge state rules about how votes are counted.
Sarah Reusché is featured in this month's North Shore City Lifestyle!
By North Shore City Lifestyle February 3, 2026
As seen in North Shore City Lifestyle. Lavelle Law attorney, Sarah Reusché, is featured in the February 2026 issue of North Shore City Lifestyle magazine. Sarah isn't just an exceptional attorney; she's a true community advocate.
Success Story - Smooth Acquisition of Fast Food Franchise Assets
By Mergers & Acquisitions February 2, 2026
A small business owner sought to acquire the assets of a mall-based fast food franchise. The client needed experienced legal guidance to navigate a complex, multi-party transaction involving the seller, the franchisor, the mall’s leasing agency, and a lending institution providing bank financing.
Catch the January broadcast of EAC's
By Lavelle Law and EAC January 27, 2026
The January broadcast of Elgin’s "Chamber Chat" with EAC President Carol Gieske, features Lavelle Law Shareholder Steve Migala and KCT Credit Union’s Yvonne Irving.
Crucial legal tips if you are named as agent under a Power of Attorney for Property.
By Nataly Kaiser January 21, 2026
In this video, Lavelle Law attorney Nataly Kaiser provides crucial legal tips if you are named as agent under a Power of Attorney for Property. Know the law before you act!
Join our seminar to stay ahead of Illinois’ evolving employment laws.
By Lavelle Law January 15, 2026
New Year, New Employment Laws: Key Illinois Changes Effective 2026 - a Lavelle Law Breakfast Briefs seminar. Stay ahead of Illinois’ evolving employment law landscape and help safeguard your organization in 2026. Register now for this targeted, must-attend session.
More Posts