On the licensor side, a company such as WeWork is a tenant in the building and needs to negotiate a provision to be allowed to offer a desk to a third party, says Tayar. “So, if your business and what you're doing has heightened or particular needs with respect to electricity, for example, you might elect to negotiate that upfront and have a provision in your licence agreement that will allow for this heightened service, rather than the standard service that is available to all of the users of the space,” she says.Īnd just as apartment renters can find themselves evicted for Airbnb-ing their place, so, too, must an office-share company keep its operations in the open - contractually - with its landlord.

This might be a shorter period than you intended,” she says.ĭepending on the business, there are varying needs in the way of utilities, and those entering into a co-sharing agreement should determine what their business needs are because, in these arrangements, generally, utilities are shared by all users of the space and users don’t control things such as building management or communication systems, Tayar says. you might want to take that into consideration.

“If the nature of your business is something where it's going to be a hardship for you to find a new space or move. With a lease, there can be strict termination and default provisions, but with a co-sharing licence, the licensor can unilaterally terminate with just 30 days’ notice, Tayar says.

A co-sharing agreement is a licence granting the right to enter and use the space, but it does not confer interest in the real property and co-sharing agreements do not contain the statutory protections commercial tenants have, she says.

Office space sharing agreement template