New York Attorneys You Can Count On

Should you buy or lease your commercial property?

On Behalf of | Apr 5, 2024 | Real Estate |

When it comes to acquiring commercial property for your business, the decision between buying and leasing holds significant legal implications. It is a choice that can shape your financial obligations and operational flexibility.

Understanding the legal aspects of both options is crucial for making an informed choice.

Ownership rights

Purchasing commercial property grants you ownership rights, providing autonomy over the space. You gain control over its use, alterations and potential appreciation in value. This ownership can offer stability and potential long-term investment benefits.

Lease agreements

Leasing commercial property involves signing a contract with the property owner, detailing the terms of use, rent payments and responsibilities. Lease agreements typically outline the duration of the lease, rent increases, maintenance obligations and conditions for termination or renewal.

Financial obligations of buying

Buying a commercial property requires a significant upfront investment. Whether you make a down payment or choose a financing option, the financial implications may be long-lasting. You will likely have mortgage payments, but you will also build equity over time, potentially offsetting these costs with property appreciation.

Financial obligations of leasing

Leasing commercial property typically entails lower initial costs, with the primary financial obligation being monthly rent payments. However, leases may involve additional expenses. These can include property taxes, maintenance fees and insurance.


Leasing offers flexibility for businesses with uncertain future needs. Shorter lease terms allow for easier relocation or expansion as the business evolves. However, frequent lease renewals may lead to increased rental costs over time.

Long-term stability

Owning commercial property provides long-term stability, avoiding the uncertainties of lease renewals and potential rent hikes. It offers the opportunity to customize the space to suit business needs and build equity over time.

It is important to keep in mind that the State of New York provides a guide for residential tenants’ rights, many of which apply to commercial tenants as well. Knowing your rights, whether as an owner or renter, will help you arrive at the right decision for your business.