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Indiana Commercial Lease Guide

Commercial Lease Guide for Indiana

A practical, tenant-focused guide to reviewing Indiana commercial leases — not legal advice.

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Key Lease Considerations

Indiana commercial leases are typically negotiable, but many “standard” drafts shift big-ticket maintenance and broad CAM costs to tenants.

This guide focuses on the clauses that impact cash flow and risk: CAM definitions, repairs vs. replacement, utilities, and default remedies.

Major markets
Where we see the most leasing activity.
  • Indianapolis
  • Fort Wayne
  • Evansville
  • South Bend
  • Bloomington
Common lease types
Typical structures and what to watch.
  • Retail: NNN or modified gross (CAM scope and parking/landscaping)
  • Office: modified gross (expense escalations and after-hours HVAC)
  • Industrial: NNN (roof, yard, loading areas, and pavement)
Cost drivers
Items that often create surprise bills.
  • CAM definitions and management/admin markups
  • Roof/HVAC/pavement repair vs. replacement exposure
  • Utilities allocation and submetering
  • Snow removal and exterior maintenance (market-dependent)
  • Default clauses and attorney-fee shifting

Negotiation checklist

Get the “all-in” cost estimate
Ask for expected CAM/NNN, utilities, and insurance requirements in writing. Compare locations using total occupancy cost.
CAM transparency + audit rights
Require budgets, annual reconciliation, and audit rights. Exclude capital replacements and landlord overhead. Cap management/admin fees where possible.
Repairs vs. replacement clarity
Define responsibility for roof, HVAC, plumbing, electrical, and parking lot. Negotiate caps or amortization for major replacements.
Utilities and after-hours HVAC
Prefer submetering. If allocated, require a transparent formula and cap administrative add-ons.
Default language + cure periods
Add notice and cure periods, cap late fees/interest, and avoid acceleration language and uncapped attorney-fee shifting.
Exit and transfer flexibility
Negotiate reasonable assignment/sublease rights so the lease doesn’t trap the business if circumstances change.

Official resources

Indiana Secretary of State — business entity searchIndiana Department of RevenueIndiana SBDC

Not legal advice. Always verify local requirements and consult qualified professionals for your situation.

Common Red Flags in Indiana

Commercial real estate in Indiana typically favors the landlord in standard lease drafts. Whether you are in Indianapolis or elsewhere, you need to watch out for:

  • Uncapped NNN Charges: Variable costs like property taxes and insurance can skyrocket.
  • Broad Indemnification: Clauses that require you to pay for the landlord's negligence.
  • Relocation Clauses: Rights for the landlord to move your business to a worse location.
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Frequently Asked Questions

Are NNN leases common in Indiana?

Yes — especially in retail and industrial properties. The key is ensuring CAM is defined, budgeted, and reconciled with audit rights.

What clause should I check first in an Indiana lease?

Start with repairs vs. replacement (HVAC/roof/pavement) and CAM definitions. Those clauses often create the biggest surprise bills.

How do I avoid expensive default outcomes?

Negotiate notice and cure periods, reasonable fees, and avoid acceleration language and unlimited attorney-fee provisions.

How do I compare two leases beyond rent?

Compare total occupancy cost (rent + nets + utilities) and risk exposure to major replacements and harsh default clauses.

Does BizLeaseCheck give legal advice?

No. It helps you spot risks quickly and compare leases, but it’s not legal advice. Use it alongside professional review.