how much does an attorney charge to negotiate a commercial lease

by Ernestine Fritsch 10 min read

Sometimes a lawyer will quote you a flat fee for a specific job—for example, the lawyer may offer to review your commercial lease for $450. In a flat fee agreement, you pay the same amount regardless of how much time the lawyer spends on the particular job.

Paying your lawyer by the hour is the most common method. In most parts of the United States, you can get competent services for your small business for $150 to $250 an hour. Most lawyers bill in six-, ten-, or 15-minute increments.

Full Answer

Can you negotiate a commercial lease?

Mar 27, 2020 · Negotiating a Commercial Lease. Signing a commercial lease is a big step for any business. Before you sign any lease, there are few things that you should keep in mind that will save you potential headaches down the road. After all, this is where you’ll be operating your small business for at least the next few years and potentially longer.

Do you need a lawyer to sublease a commercial property?

Sep 07, 2021 · 5. Have a Lawyer or a Tenant Rep Broker by Your Side. It’s critical to involve a lawyer in your commercial lease negotiations. Real estate lawyers who understand commercial leases can help you negotiate favorable terms and save you costs down the line. Alternatively, you could get a tenant rep broker.

Should I hire a commercial lawyer for a lease agreement?

Aug 06, 2014 · The cost for an attorney to negotiate the lease will depend on how much work is involved - even with a simple commercial lease. Investing in the right attorney to negotiate the lease for you will likely save you considerable time and headaches in the future.

Is it common for a commercial lease to favor the landlord?

Oct 17, 2018 · The time to negotiate those commercial lease terms is before the lease begins. Read and Understand the Commercial Lease. This may seem obvious, but it is surprising how many people do not read the entire lease. Read and understand the lease. The commercial lease may be filled with difficult legal terms.

How much do solicitors charge for a commercial lease UK?

For beginning-to-end legal assistance with the leasing process, a tenant's legal fees are likely to be around £1,500–£2,000, excluding VAT, but incidental expenses such as Land Registry registration fees, and SDLT, also need to be factored in.Aug 25, 2020

How do you write a letter of intent for a commercial lease?

What's Typically Included in a Letter of Intent?Names of each party in the negotiation process, including the name of the tenant or person responsible for the lease or purchase and the name of the landlord.Address and suite number of the property you're negotiating to lease.Square footage of the property.More items...•Jan 28, 2019

Who pays legal fees for commercial lease Qld?

The lease registration cost is usually borne by the tenant. It's paid to the land registry and usually costs around $140. Now, the other costs in the clause above are usually paid for by the landlord. That is, the landlord pays their own legal costs and you as the tenant, pay your own legal costs.

How do I get out of a commercial lease in Florida?

Communication is Crucial – Surrendering the Lease with the Landlord. A good option for getting out early of a commercial lease is to communicate with the landlord and ask him/her to surrender the lease. In this process, both the tenant and the landlord agree to end the lease.Jun 29, 2021

How do you write a letter requesting a lease negotiation?

I wanted to reach out today to ask if we could discuss lowering my rent. Since I moved in [month and year your lease started], I have loved everything about living here. Unfortunately, finances have been difficult lately and I would greatly appreciate a reduction in rent.Feb 24, 2022

What is a Letter of Intent for business?

A letter of intent (LOI) is a document declaring the preliminary commitment of one party to do business with another. The letter outlines the chief terms of a prospective deal. Commonly used in major business transactions, LOIs are similar in content to term sheets.

Who pays the legal fees for a commercial lease?

You may have cause to wonder who is responsible for paying for the contract to be drawn up. Surprisingly there is no standardised procedure when it comes to leasing commercial space. However, it is usually the tenant who covers the cost regarding the lease document and requests the terms.Jul 3, 2018

Who pays for a new commercial lease?

tenantIn terms of who pays for a commercial lease agreement, it's usually the tenant who covers the cost of drawing up the lease document, but this can be agreed by the lawyers of the two parties.Jul 29, 2021

Is the landlord or tenant responsible for business rates?

Who pays business rates – the landlord or the tenant? When a commercial property is occupied, the tenant is responsible for paying business rates. In some cases, the landlord will pay the rates on behalf of the occupier and include the amount paid within the rent.Aug 14, 2018

How can a commercial lease be terminated?

If a tenant fails to pay the rent on a commercial premises, or commits another serious breach of the lease covenants, by sub-letting the property without the landlord's permission for example, this may lead to forfeiture, where the landlord has the right to re-enter the property and the lease agreement is automatically ...

Can you end a commercial lease?

The lease can only be brought to an end by either the landlord or the tenant serving the correct form of notice at the correct times. When the lease is granted inside the Act, the landlord can only regain possession of the property under certain circumstances.Jan 31, 2019

Can a landlord lock out a commercial tenant in Florida?

If the judge rules in your favor, your tenant has five days to vacate your property, which a posted sheriff's notice will enforce. Yet, your tenant may try and remain on your premises. If they fail to vacate after five days, you can have a sheriff put locks on your doors to keep them out of your property.May 28, 2020

What is a commercial lease?

A commercial lease must meet both your company’s legal needs and your business needs. Often businesses focus on the business needs of the lease, but neglect to pay attention to potential legal issues.

What happens when you lease something?

During the course of your lease term something will go wrong. The lease will spell out what your rights and obligations are when there is a problem. When you have an attorney negotiating your lease they will make sure the lease protects your interests and answers important questions.

Why do you need a lease?

You need a lease to secure a space that will let you operate your business. Different businesses will have different commercial space needs. A restaurant and a software company will have very different needs.

What are the extra costs for signing a lease?

Signing costs could include money for security deposits, key money, and a portion of rent upfront. Extra costs could include common area maintenance costs, property taxes, insurance, and utilities. There are several different types of leases out there. Here’s a quick breakdown of how you can tell what type of lease you’re dealing with ...

What to know before signing a commercial lease?

Before you sign any lease, there are few things that you should keep in mind that will save you potential headaches down the road. After all, this is where you’ll be operating your small business for at least the next few years and potentially longer.

What are the different types of leases?

There are several different types of leases out there. Here’s a quick breakdown of how you can tell what type of lease you’re dealing with and how it will affect your costs: 1 Gross Lease – the landlord will typically pay property taxes, building insurance, and maintenance; 2 Net Lease – the tenant is only responsible for the property taxes, while the landlord is responsible for building insurance and maintenance; 3 Double Net (or Net-Net) Lease – the tenant is responsible for property taxes and building insurance, while the landlord is only responsible for maintenance; 4 Triple Net (or Net-Net-Net) Lease – the tenant is responsible for property taxes, building insurance, and maintenance.

How long does a commercial lease last?

If you don’t want to end up in this situation, make sure you’ve locked in renewal options. Commercial leases can range from 2 years to over 100 years. Often commercial leases run between 5 to 20 years with one or more options for renewal.

Why do you need a shorter lease?

A shorter term would allow for more flexibility in adjusting to the needs of your business and renewal options would allow you to renew the lease for an additional term for a set price. Be wary of any renewal options that allow the landlord to set the price at “market value.”.

How does location affect a lease?

Whether you’re a service provider, a retailer, or manufacturer, the location of your business will greatly impact the cost of your lease. Location will also likely dictate zoning laws that will affect the operation of your business. Before signing a lease, make sure you research the zoning laws and try to negotiate a contingency clause, ...

What is the difference between a net lease and a gross lease?

Here’s a quick breakdown of how you can tell what type of lease you’re dealing with and how it will affect your costs: Gross Lease – the landlord will typically pay property taxes, building insurance, and maintenance; Net Lease the tenant is only responsible for the property taxes, while the landlord is responsible for building insurance ...

What to do if you have a lease agreement?

Even if you feel like you have a good understanding of the lease agreement, you should always involve a lawyer. If possible, use a commercial lawyer who knows the ins and outs of leases. That person can help you uncover any hidden costs and avoid committing to a lease that could end up hurting your business.

What is a gross lease?

Gross lease: In a gross lease, you’ll pay the landlord one monthly fee, which will cover the rent and all operating expenses. This includes things like utilities, insurance, maintenance and property management. Many people prefer a gross lease because the costs are fixed.

What is the impact of short term lease?

A short-term lease will provide you with more flexibility, and give you the option to shift gears if your business needs change.

What is termination clause?

The termination clause outlines the terms under which either party can cancel the lease. For instance, can your landlord terminate your lease for missing one rent payment or do you get a bit more leeway?

Can you ask your landlord to include clauses?

You can ask the landlord to include clauses that will benefit your business. For instance, you can request a competitor clause that states that the landlord must receive your consent before renting space to one of your competitors.

What is a default in a commercial lease?

Many commercial leases are written so that the landlord may deem any breach by the tenant to be a default. A default may allow the landlord to accelerate all lease payments due over the entire lease term, invoke a default interest rate on amounts due and owing, charge late fees in addition to the default interest rate and collect all attorneys fees.

What is a buyout clause in a lease?

A buyout clause is an option to allow the tenant out of the lease, for a price. Most commercial leases in Colorado do not contain a buyout clause. From a tenant’s perspective, a buyout clause is a way to determine and limit liability. While the buyout may be 6 months of rent, it provides some relief should hard times arise.

Nancy L. Lanard

My firm handles commercial retail/shopping center leases of that type. We charge a flat fee for the review, revision and negotiation of the lease. If you contact me via telephone (215-525-1165 x101) I can provide the exact cost to you, with no hidden charges...

Stephen Samuel Messutta

It's not only the "review" but really the way to control costs is to help you identify particular areas of concern to you that you may want the attorney to negotiate harder on.

Erik Anderson

I agree with the attorneys above. Clients often confuse the size of the rental space with the cost of reviewing a lease. While your attorney may be able to spot issues relatively quickly, the negotiating position taken by the land lord may make the process for time consuming. This in turn results in a larger legal bill...

Brian C Shea

Both of the answers already posted by other attorneys describe good points to consider. Many clients think that a lease for a relatively small space shouldn't take very long to review and negotiate. Having reviewed hundreds of leases, I know that is often not the case.

K Shaylan Baldwin

I agree with the above response...it's just really tough to tell until you see the proposed lease from the landlord. Depending on the size of the shopping center, there can be some considerable negotiation on exclusions from Common Area Maintenance obligations, review of exclusives, etc.

Matthew Allan Quick

It would depend on the length of the lease and any needed clarifications.

Boilerplate Provisions: What Are They?

  • Many legal documents contain what is known in our profession as boilerplate provisions. Boilerplate provisions are typically found near the end of an agreement and can be very important. These provisions may determine who pays for attorney fees in commercial leases. They determine how disputes are resolved and how a court can enforce a contract. They may answer …
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England vs. The U.S.

  • Within this boilerplate, there may be a provision for attorney fees. In England, the loser of a court case pays the winner’s legal fees. In the U.S., each party pays its own fees. This means that as a general rule, the American Rule, even if you defeat an unjust claim against you, you are still stuck with all of your legal bills spent defending yourself. It also means that if someone has a just clai…
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How Are Verdicts calculated?

  • In a personal injury case, verdicts awarded are imprecise because the jury or the Judge is attempting to place a value on something intangible such as emotional distress or pain and suffering. In business cases, the amount is often (not always) certain: the amount of the unpaid contract, royalties, or lease payments. You can see how this might give someone breaching a le…
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The Lawyers Should Consider The Impact of Provisions

  • The lawyers on both sides of commercial landlord-tenant disputesshould consider the impact of these provisions. It affects the legal fee budget for the case, risk calculations, analysis of the Judge, positions you take during the discovery phase of the case, and the motions you file, just to name a few.
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Contact Us

  • If you have questions about attorney fees in commercial leases or think you may have been overcharged, please contact us.
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