why is it important to hiring an attorney before signing a commercial lease

by Alfredo Oberbrunner 9 min read

Having an attorney review your commercial lease can help expedite the process. When it comes to signing an office lease, an attorney can help protect your business interests. There is often ambiguous lease language that can easily be overlooked.

Commercial leases are complex. An experienced contract attorney knows which lease terms are standard, which can be negotiated and which should be added to the landlord's draft to limit your costs and liabilities, reduce risks and facilitate a smooth landlord/tenant relationship.May 14, 2018

Full Answer

When do you need a commercial lease agreement?

Mar 31, 2021 · Small or startup business owners should consider consulting with an attorney prior to signing a commercial lease to ensure there are no hidden clauses or simply to have a more complete understanding of their rights and obligations before signing a lease.

Should I hire a lawyer to negotiate with my Landlord?

An attorney can help the seller clarify those issues while the P & S Agreement is being negotiated to make sure that the seller doesn’t contract to sell more than what they own. Closing When Selling Commercial Real Estate. When selling commercial real estate, you must deliver specific documents at closing, including the deed, to a buyer. It often happens that a buyer’s …

Should you buy or lease commercial real estate?

They will help you save hundreds or even thousands over the life of the lease. Consider whether hiring a lawyer will help you negotiate better terms, especially if the landlord is a tough negotiator. Hiring a lawyer indicates that you are serious about …

Should you sign a business lease agreement?

Mar 21, 2019 · Having an attorney review your commercial lease can help expedite the process. When it comes to signing an office lease, an attorney can help protect your business interests. There is often ambiguous lease language that can easily be overlooked. These items can be hidden in complicated legal terms which a lawyer knows to look for.

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What is the most important consideration in a commercial lease?

Rent Clause The amount of monthly rent is one of the most important issues when it comes to a commercial lease. While rent may seem fairly straightforward, there is a good deal of negotiating room available, even if the rent itself is already established.Feb 20, 2018

What should I look for when negotiating a commercial lease?

Negotiate a Commercial Real Estate LeaseDo Your Homework. Know the average cost of the type of commercial space you're seeking—retail, office or industrial. ... Determine Your Needs. ... Get Professional Help. ... Ask what the Total Cast Covers. ... Know what is Permitted. ... Discuss Improvements. ... Ask about Subleasing. ... Consider Timing.More items...

Why should you always read the lease before signing it?

First and foremost, you need to understand that your lease is a binding, legal agreement between you and your landlord. It states what is expected on both sides. Sometimes items on a lease may be negotiable, but even if they are not, you still need to know what to expect and what your landlord expects from you.

Do commercial tenants have to pay building insurance?

If you are a tenant renting a commercial property you do not need building insurance. It is the property owner's responsibility to organise this. Sometimes landlords will pass the cost of building insurance on to the tenant as part of terms set out in the tenancy agreement.

How long does a commercial lease take to complete?

In terms of timings generally, and whilst every transaction is different, from the issue of heads of terms to completion of the lease generally takes between 4-6 weeks.

Can my landlord increase my commercial rent?

Unfortunately, most commercial leases specify that rent can be adjusted “upwards only”, which means your rent can only either increase or stay the same with each review. Even if market prices are falling, your rent will remain static rather than decrease.

Why is it important to understand the lease?

A lease serves as a binding, legal agreement between the property owner and the tenant. As such, it is very important to make sure it thoroughly addresses the rules, policies, and conflict resolution procedures for living in the rental property, and clearly defines tenant and landlord responsibilities.Oct 25, 2017

Why should you read your lease?

As you can see, it's imperative that you read the lease to determine your landlord's responsibilities—as well as yours—when it comes to repairs and maintenance issues. Make sure you're clear on who pays for what, who arranges service calls, and the amount of time you and your landlord have to address any issues.

Who should pays building insurance landlord or tenant?

It's your landlord's responsibility to organise buildings insurance. There's no legal requirement for buildings insurance, although it's a good idea for landlords to have it in place to protect not only their tenants but also their investment.Jan 14, 2020

What are the responsibilities of a commercial landlord?

A commercial landlord is responsible for all the fixtures and fittings they own and these must be safely installed and maintained properly. The tenant is responsible for the safety and maintenance of any fixtures and fittings they have installed, and that should be clear in the lease.Feb 20, 2020

Who pays for the lease agreement?

This party may be either the landlord or the tenant, or the costs may be apportioned between them by agreement. Where this type of approach may vary is upon the renewal of the lease. Either party may insist that the other party pay for the costs associated with the negotiation and formalities for renewal.Sep 16, 2019