Don't Use 'Including' Unless You Define It in Lease

It’s common in most leases to end a list of items with the phrase “including, without limitation,” or “including, but not limited to.” Those phrases are meant to indicate that the list isn’t exhaustive. But if you forget to use them consistently throughout the lease, it can lead to confusion and misunderstanding. Avoid that situation by adding the following language to the definitions section of your lease:

Model Lease Language

Whenever placed before one or more items, the words “include,” “includes,” and “including” shall mean considered as part of a larger group, and not limited to the item(s) recited.