Parking, Access & Easements in Commercial Leases: What Tenants Must Confirm

Parking and access are often treated as “operational details” until something changes:

the landlord restripes the lot
a neighbor closes an access drive
delivery trucks can’t reach your door
a redevelopment removes customer parking

For many businesses, access is revenue. If customers or deliveries can’t reach you, the best rent deal in the world doesn’t matter.

This guide explains the lease terms (and documents) that control parking and access, plus what tenants negotiate to reduce risk. (Not legal advice.)

Start with a simple question: what parking do you actually have?

Commercial leases commonly provide:

1) Unreserved shared parking

“Tenant may use the common parking areas in common with other tenants.”

This is standard, but it gives limited control if the center changes.

2) Reserved parking

Specific stalls are reserved for you (sometimes labeled/numbered).

Reserved parking can be valuable for:

medical/dental practices
professional offices
service businesses with scheduled appointments

3) Validated or customer-only parking

More common in urban settings, sometimes via an operator.

Make sure the lease states:

how many spaces (if applicable)
where they are
whether the landlord can relocate them

Access rights often live outside the lease

In many multi-tenant and multi-parcel properties, parking and access are governed by recorded documents such as:

easements
reciprocal easement agreements (REAs)
CC&Rs (covenants, conditions, and restrictions)

Your lease may incorporate these by reference. Tenants should request copies, because those documents can:

define where you can put signs
restrict hours of deliveries
control traffic flow and loading zones
limit outdoor seating or patio use

If you rely on a specific access point, “we’ve always used that driveway” isn’t protection.

Common tenant risks

1) Landlord can change the parking layout without consent

Some leases give the landlord broad rights to:

reconfigure common areas
restripe parking
relocate loading zones

Tenant-friendly approach:

landlord can make changes only if they don’t materially reduce parking/access for tenant
landlord must provide reasonable alternative access during construction

2) Deliveries and loading aren’t addressed

If your business needs deliveries, confirm:

delivery hours
location of loading
whether trucks can use fire lanes (usually not)
who provides dumpsters and trash pickup access

3) Signage depends on access and visibility

If you’re in a large center, signage can be the difference between being found and being invisible. Sign rights often interact with site plans and REAs.

Tenant-friendly negotiation points

Define minimum parking availability (especially for appointment-based businesses).
Protect key access points (no closure without alternatives).
Require notice before major common area construction.
Add remedies if access is materially impaired (temporary abatement or termination after extended impairment).
Confirm documents: request any REA/easements/CC&Rs and incorporate them into your review.

If redevelopment rights exist, review them together with parking/access (see /blog/demolition-redevelopment-clauses).

How BizLeaseCheck helps

BizLeaseCheck flags clauses that affect parking/access and highlights:

broad landlord rights to modify common areas
relocation clauses tied to redevelopment
missing remedies for access impairment

Upload a lease for a fast first-pass review:

/analyze

Not legal advice

This article is for informational purposes only and is not legal advice. Parking/access rights often depend on site-specific recorded documents and local codes. Use this guide as a checklist and consult qualified professionals for your situation.