why to have an attorney draft your lease

Top Five Reasons to Have an Attorney Draft Your Lease

1. Compliance with Laws and Regulations – Unfortunately, many landlords are unaware of all of the laws that affect a...
2. Lease Personalization – Sure, there may be some good form leases out there. Landlords might be lucky enough to...
3. Best Practices – The process of discussing and reviewing a lease and the...

Full Answer

Do I need an attorney to draft a lease?

Nov 14, 2018 · Hiring a lawyer to draft your lease agreement will save you time, money and possible frustration down the line. Real estate lawyers are experienced in tenant rights, fair housing and state leasing regulations. Real Estate Lease Review. Having a lawyer conduct a real estate lease review can also be beneficial when you’re on the tenant side of the lease. A real …

Why do I need a lawyer to draft my contracts?

Jan 17, 2011 · Top Five Reasons to Have an Attorney Draft Your Lease 1) Compliance with Laws and Regulations – Unfortunately, many landlords are unaware of all of the laws that affect a... 2) Lease Personalization – Sure, there may be some good form leases out there. Landlords might be lucky enough to... 3) Best ...

How much does it cost to hire a commercial lease lawyer?

Jan 07, 2019 · Having an experienced real estate attorney draft a commercial lease specifically for every tenancy ensures that all of the terms in your lease are enforceable, and that all the bases are covered in terms of protecting your rights, interests, and property while observing the legal rights of your tenants. Protect Your Rights & Interests

Why should you hire a lawyer to prepare legal documents?

May 23, 2018 · Why? Because the lease you are going to sign is his document. And it was written to favor him in every manner legally possible. Your landlord has most probably relied on several lawyers to draft a lease agreement that will protect him in all the right places. This ensures that they start out on better footing. If you do not have the benefit of legal counsel on your side, you …

What is included in a commercial lease?

Depending upon the type of property you’re leasing and the intended uses of the tenants, your commercial lease agreement may need to include things like terms for, or prohibition of, subleasing; requirements for indemnification, insurance, and mediation/arbitration; payment of property taxes that arise from improvements made for or by the tenant; and terms for modifying the rent over the life of a long-term lease.

Is a commercial lease legal?

A commercial lease is a legal contract, and it’s only useful if its terms are enforceable and specific enough to cover problems that arise. Some commercial landlords try to save money by using boilerplate commercial leases downloaded from the Internet. Unfortunately, we don’t know what we don’t know until it’s too late, and sometimes, property owners who take a DIY approach to drafting leases can find that those contracts didn’t cover all the bases. That can be an expensive problem.

Your Landlord Knows More Than You Do

And do not doubt it either. He does know more than you. When you start the negotiation process for the lease, your landlord is already miles ahead of you. Why? Because the lease you are going to sign is his document. And it was written to favor him in every manner legally possible.

Your Attorney Can Help You Get A Better Deal

The essence of negotiating an agreement is for each party to get the best deal they can possibly get. However, it will be very difficult for you to do this on your lease when you can barely understand the terms of the thing.

Let Us Help You Review Your Commercial Lease

The real estate lawyers at Jurado & Farshchian, P.L. have several years of experience reviewing and negotiating commercial lease agreements in Miami. Call us today at (305) 921-0440 or send us an email to [email protected] and let us add you to our list of satisfied clients.

Jennie Farshchian

Jennie’s current practice focuses on residential and commercial real estate transactions. She specializes in drafting, reviewing and negotiating leases, purchase contracts, deeds, and other real estate-related documents; handling title issues; and representing lenders, buyers and sellers in the conveyance of commercial and residential real estate.

Why do you need an attorney to review a lease?

As we have eluded to in the previous points, perhaps the most important reason to have an attorney review your lease agreement is that commercial leases are usually written by the landlord (or more often their attorney), and this means that the contract will be worded in a way that is most favorable to the landlord.

What is included in a commercial lease agreement?

Important points are usually agreed to, such as monthly rent, square footage being rented, term and renewal periods, security deposits and upfront rent, tenant improvement allowance, and many others. These conditions are often included in a letter of intent (LOI). A tenant should expect the points that were agreed upon and spelled out in the LOI to be accurately reflected in the lease agreement, but this is not always the case. A lawyer can thoroughly review the contract to make sure everything is accurate.

What is the most important contract to sign?

When you are starting a new business or moving to a new location, one of the most important contracts you will need to sign is a commercial lease agreement. Many business owners are under the mistaken impression that commercial leases are similar to residential leases, and that each contract contains pretty much the same language.

How long does a commercial lease last?

Commercial leases typically run for three to five years or longer, and the tenant is usually required to provide a personal guarantee for the entire term of the lease. As personal guarantor, you lose all protection that your business entity may provide (e.g., LLC, Corporation), and you are personally on the hook for any unpaid rent, property damage, or other liabilities. Landlords usually do not want to remove the personal guarantor clause, but you may be able to negotiate some flexibility into it.

Can a landlord sublet a commercial space?

Or you may be able to negotiate the right to sublet all or part of your commercial space to another party. A landlord may agree to this as long as they are able to approve the new tenant, and as long as the original lessee remains liable for any unpaid rent or property damage done by the new tenant.

Is an apartment a commercial property?

Pretty much everyone rents an apartment as a place to live, while a commercial property is rented for some type of business use. But each business is unique, and there are many specific ways you may want to use a commercial space, all of which should be addressed in your contract.

How to establish a lawyer-client relationship?

Old-fashioned as it may seem, the simple handshake is still widely regarded as an -acceptable basis for establishing a lawyer-client relationship. But not everyone is so casual—at the other end of the spectrum, where the interaction between you and your lawyer is more formal, you may find yourself handed multiple pieces of paper, such as: 1 a client information form, which asks for details on your business, your finances, and who (if anyone) referred you to the lawyer's office 2 a brochure describing the law practice and the education and experience of the firm's lawyers, and 3 a "retention letter" or a contract, detailing the lawyer's billing practices and describing the extent of the work the lawyer will do for you. In some states, lawyers must present you with a retention letter or contract.

How much does a lawyer charge per hour?

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. Understand that these are the smallest "chunks" of time that the lawyer will bill for, ...

What is a retention letter?

a "retention letter" or a contract, detailing the lawyer's billing practices and describing the extent of the work the lawyer will do for you. In some states, lawyers must present you with a retention letter or contract. If the lawyer you've chosen has dispensed with these formalities, you may not care very much—after all, ...

What is flat fee agreement?

In a flat fee agreement, you pay the same amount regardless of how much time the lawyer spends on the particular job. When an attorney is highly recommended by others and the flat fee is moderate, this can be a great arrangement for you.

Do lawyers charge for photocopying?

Lawyers may charge you for more than just the value of their services. Typically, lawyers charge clients for costs that are not included in the lawyer's normal office overhead, such as travel, hiring experts, time spent on online legal research databases, or other consultants—and some even charge for photocopying! Be sure to find out whether you will be charged for itemized costs and, if so, what they are and how much you'll pay.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. If you've never hired a lawyer before, you're probably wondering what you can expect when you show up for your first appointment.

Heather Morcroft

I agree with the other attorneys and would say that although there is no legal requirement that an attorney write a lease for you, the practical answer is YES!!!!!

Carol Lynne Zimmerly

You should hire an attorney to draft a lease agreement for you. The ones you find online or in stores usually don't have the strongest language with the right kind of clauses to protect the landlord.

Brandy Ann Peeples

First of all, you need to make sure you're complying with all local zoning laws. Some jurisdictions require rental licenses; other zoning ordinances prohibit renting in certain properties.#N#Secondly, while a lease doesn't have to be written in "legalese" there are...

Why is it important to write a contract without a lawyer?

One of the functions of a contract is to prevent future disputes between the two sides. This requires that the contract use precise language to describe the duties and responsibilities of both parties.

Why is it important to draft a contract?

It is critical that contracts are drafted so that they will protect you in the event that the other side fails to keep their commitments. When the original contract was poorly drafted, a breach of contract lawsuit usually ends badly for the person who was screwed over in the deal.

What is common law in Florida?

These legal precedents are known as “common law.”. Further, states, including Florida, have passed statutes that govern certain aspects of contracts by altering, but not completely eliminating, common law.

Is a contract a legal document?

However, the contract is also a legal document. The two sides are making a legally binding agreement the law will enforce. There are legal consequences for the side that fails to keep its promises.

Do lawyers draft contracts?

There is no requirement that lawyers draft every contract and, like other areas in the law, you may be fine editing a form contract to suit your needs. However, if there is any money at stake, not having a lawyer properly draft a contract is tantamount to rolling the dice. Having a lawyer draft your contracts gives you three distinct advantages: ...

What is contract in business?

Contracts are a way for two sides to formally memorialize their negotiated deal. In this sense, the contract is a business document. It should address terms like prices, delivery, and timetables. It provides a common reference point for the two sides. However, the contract is also a legal document. The two sides are making a legally binding ...

Why do lawyers give advice?

Because a lawyer is not invested in the outcome of the transaction, they are able to give useful, unbiased advice to protect your legal rights and interests. Lawyers make sure the end product is a legally enforceable agreement. Contract lawyers have a specialized knowledge.