A business lease lawyer is a sort of real estate lawyer who assists a landlord and tenant in negotiating a commercial lease arrangement. Because business lease agreements are more involved than residential lease agreements, many individuals choose to retain commercial lease attorneys to help them through the process and ensure that the arrangements are mutually beneficial.
What Services Do Commercial Lease Lawyers Provide?
Many components of a commercial lease that are not included in residential leases may surprise you. For example, in an office space lease, rent is frequently dependent not just on the property's square area but also on how it will be utilized.
To put it another way, landlords may determine rent depending on the size of the commercial property and its intended purpose. Furthermore, unlike in residential contexts, landlords are not usually accountable for maintenance. Instead, who is accountable for these payments is determined by the business lease.
Some agreements may also define who is liable for the space's property insurance, taxes, and utilities. The business leasing agreement governs all of these elements. Some leases require these fees to be paid separately from rent, while others include them in the monthly rental cost.
Commercial lease attorneys are knowledgeable in these areas and are professionals at assessing how contracts should be drafted. Their purpose is to guarantee that company owners pay a fair price for the space they use and that neither side is surprised after the agreement is signed.
Here is an outline of the areas in which commercial lease attorney assist their clients:
Accuracy in Commercial Leases: A letter of intent is written before a lease agreement is drafted between a lessor and a lessee. This letter contains important information such as monthly rent, space footage, lease period, termination criteria, and more. Despite the fact that the LOI is a thorough document, there may be instances where the lease does not coincide with the information in the lease agreement. Commercial lease attorneys may aid in comparing the promises in the LOI to the terms of the lease agreements and, if required, amending them.
Rental Property Use: Because a commercial office space lease is rented with the intention of conducting business, the agreement must include details about how the property will be utilized. This implies that if you want to manage a restaurant that also sells items, you must include it in the agreement.
Responsibilities for Upkeep: A building lease will always specify who is responsible for upkeep. Maintenance costs are frequently paid apart from rent and might include the following:
1. Security
2. Upkeep of parking lots
3. Lighting Electricity is provided throughout the structure.
Exclusion Clauses: Did you know that leasing agreements can extend up to five years in some cases? Landlords typically need some kind of security against the payments owed for these years when you sign these agreements. This implies that if your company fails, you may be held personally accountable for these expenses. This is true even if you form an LLC to keep your business and personal funds separate.
Commercial Lease Types
The amount of what you are personally accountable for paying for is determined by the sort of business lease you sign. Each lease type includes tenant responsibilities that decrease the landlord's risk by imposing extra requirements on the renter.
One Net Lease: Single-net leases, commonly known as net leases, are the most fundamental commercial leasing arrangements. Tenants are liable for the following with a single net lease: Property taxes on rent
Net Lease twice: Double-net leases are slightly more inclusive than single-net leases; however, the landlord is responsible for much of the maintenance. When you sign a double net lease, you will be held liable for the following charges: Property taxes and insurance premiums
Net Lease three times: Triple net leases are by far the most advantageous for landlords. They have the least degree of lessor liability and are frequently the most costly of all commercial leasing arrangements. These are typically paid for by the tenant under a triple net lease: Property taxes and insurance premiums, Repairs and routine maintenance
Because renters bear a great deal of responsibility in a triple net lease, landlords sometimes demand a lower base rent to compensate.
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