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

BOI reports with FinCEN no longer required for condo, HOAs, other associations, board members.
By Robyn K. Kish August 17, 2026
FinCEN update: Condo, HOAs, and other common interest community associations no longer have to file BOI reports with FinCEN. Volunteer board members are no longer required to report their personal information to the federal government simply because they sit on an association’s board of directors.
Tax-Smart Year-End Planning: Key 2026 Tax Changes & Strategies for Success
By Lavelle Law August 11, 2026
Discover the latest tax law updates and planning opportunities that can help you reduce taxes, protect wealth, and prepare for the future.
IRS Announces Guidance on the Expansion of Paid Family and Medical Leave
By Timothy M. Hughes August 10, 2026
On August 5, 2026, the Internal Revenue Service issued Notice 2026-28 providing guidance on the employer credit for paid family and medical leave (“PFML”) under the Working Families Tax Cuts (“WFTC”). The WFTC makes permanent and expands eligibility and coverage for employers offering PFML benefits to employees.
Federal Rule 68 Offers of Judgment: An Underutilized Tool for Defense Counsel
By Sarah J. Reusché August 7, 2026
Many litigators are familiar with Federal Rule of Civil Procedure 68, but few fully appreciate its strategic value in the defense arsenal. Rule 68 can be a powerful tool for influencing settlement negotiations, and in some cases, limiting a plaintiff’s ability to recover post-offer attorneys’ fees.
Judge Says “You’re Out!” to Stalker Ex  - a Lavelle Law Success Story
By Family Law Practice Group July 28, 2026
A client came to us needing protection from an ex-boyfriend who wouldn’t take no for an answer. She broke up with him after he used her indoor pet camera to spy on her without her permission, then surveilled her at her home and chased her through a parking lot.
Type F Reorganization
By Frank J. Portera July 28, 2026
Thinking about selling your business? In this video, Lavelle Law attorney Frank Portera explains how a Type F Reorganization can create tax efficiencies and simplify the sale process by reducing the need for third-party consents.
6 reasons why you shouldn’t rely on AI for legal advice.
By Sarah J. Reusché and Shelley McCarthy July 17, 2026
Thinking about using AI to represent yourself in litigation? Think again. It is well-documented that pro se litigants are less likely to prevail compared to their represented counterparts. Regardless, AI has provided people with a false sense of security, tempting them to represent themselves regardless.
Representation and Warranties Insurance Democratization: A Game Changer for Many Deals
By Steven A. Migala July 13, 2026
Representations and warranties insurance (“RWI”) for mergers and acquisitions (“M&A”) is more accessible than ever due to increasing democratization in the market. Now, RWI can be a viable option for smaller, mid-market deals.
IRS Announces Simplified Penalty Relief
By Timothy M. Hughes July 10, 2026
On July 8, 2026, the Internal Revenue Service announced a new automatic process to provide penalty relief for taxpayers with a history of filing and paying on time, reducing the need for those taxpayers to request assistance in addressing penalty relief.
NDAs in the Spotlight: What Swift and Kelce’s Wedding Reveals About Protecting Your Privacy.
By Theodore M. McGinn June 30, 2026
High-profile couples like Taylor Swift and Travis Kelce are taking strict steps to protect their privacy. Reports confirm that wedding guests must sign non-disclosure agreements (NDAs) before receiving event details. This highlights how NDAs help individuals and businesses safeguard sensitive information.
More Posts