Commercial Landlord Tenant Lawyer in Southern California

Intensive Review Of Entire Commercial Leases

For close to 37 years, Peter C. Wittlin has represented tenants, including a large number of small entrepreneurial entities, during their commercial lease negotiation. His clients in commercial lease negotiation have included startup businesses and businesses looking toward moving to a new location. The types of services he has provided have involved every aspect of these transactions, including:

Installment purchases
AITDS
Discussing various commercial lease options
Short sales
Equity sharing agreements
1031 tax-deferred exchanges

Commercial leases proposed by landlords may contain anywhere from 30 to 50 pages of a large variety of terms and confusing terminology. Commercial lease negotiation, Tips for tenants, Commercial Real Estate, how to by a business, Negotiating a Commercial Real Estate Lease. These commercial leases can cover a range of issues, including:

Tenant parking
Common area maintenance charges
Tenant expectations
Improvement allowances
Cost-of-living rent increases

Peter Wittlin is a commercial lease lawyer who has long reviewed commercial leases for a wide range of clients and understands what all of the convoluted language means. His goal in representing you during a commercial lease negotiation is to provide you with the sort of commercial lease that will meet all of your businesses present and future needs.

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Are you seeking a lawyer experienced in commercial lease negotiation?

Schedule a consultation with Peter C. Wittlin Attorney at Law by contacting us at 949-430-6529 or fill out the form below.

Commercial Lease Negotiation – What You Should Know

Commercial lease negotiations can be daunting, filled with legal nuances and contractual complexities. It’s essential for both tenants and landlords to enter these negotiations prepared and accompanied by skilled legal counsel. With over three decades of experience in commercial real estate and lease negotiations, Peter Wittlin has been the go-to attorney in Southern California for resolving legal disputes and providing practical advice on title issues.

No two commercial lease agreements are alike; each comes with its unique terms and conditions. It’s crucial for even the most informed tenants to seek legal advice before agreeing to any terms, as overlooking this step could lead to costly consequences. Common issues in commercial lease agreements include:

The most common issues commercial tenants run into with their lease agreement tend to be in the following areas:

Base rent
Operating expenses
Maintenance charges for common areas
Leasehold improvement charges
Calculated rent based on gross sale percentage

An experienced lawyer knows how imperative it is to read between the lines of any commercial lease agreement and how to identify and potentially problematic areas for the client. Furthermore, attorney Peter Wittlin also knows how to shop the market to identify what else is or is not included in other lease negotiations of a comparable value.

In California, attorneys often assist with lease negotiations to ensure agreements comply with state laws and protect their clients’ interests. Here are common questions or issues for which attorneys are typically needed:

Lease Structure and Terms

What should the length (term) of the lease be, and is it renewable?
How are rent escalations or increases structured (e.g., fixed, CPI, or percentage of sales)?
Is there an option to purchase the property at the end of the lease term?
What is included in the rent (e.g., utilities, maintenance, property taxes)?
Is there flexibility to sublease or assign the lease?

Legal Compliance

Does the lease comply with California’s commercial or residential landlord-tenant laws?
What disclosures are required under California law (e.g., environmental hazards, lead paint)?
Are there zoning or permitting issues that might affect the tenant’s intended use?

Tenant Improvements and Repairs

Who is responsible for initial build-outs or tenant improvements?
What are the maintenance and repair obligations for the landlord and tenant?
Who owns the improvements at the end of the lease?

Default and Remedies

What constitutes a default under the lease?
What remedies are available for default by the tenant or landlord?
What notice must be given before taking action for nonpayment of rent or other breaches?

Liability and Risk

Who carries liability for injuries on the property?
What insurance requirements must each party meet (e.g., liability, property, business interruption)?
Does the lease have an indemnity clause, and how is liability allocated between the parties?

Termination and Early Exit

Under what conditions can the lease be terminated early by either party?
Are there penalties for early termination or failure to renew?
What happens to deposits or prepaid rent upon termination?

Use Restrictions

Are there restrictions on how the property can be used?
Does the lease allow exclusive use for certain businesses or activities?
What are the rules regarding signage, advertising, or other modifications?

Dispute Resolution

What methods of dispute resolution are included in the lease (e.g., mediation, arbitration, court)?
Which jurisdiction or venue governs lease-related disputes?

Other Common Clauses

Is there a force majeure clause, and how does it address events like natural disasters?
Are there protections against eminent domain or landlord foreclosure?
What rights does the landlord have to access the premises?
What are the parking or common area maintenance (CAM) provisions?
How are property taxes and utilities allocated between the parties?

Having an attorney involved ensures that lease terms are clear, fair, and legally enforceable, and that any negotiation reflects the specific needs and goals of the tenant or landlord.

Over 37 Years of Commercial Lease Negotiation Experience

Understanding the nuances of each agreement is fundamental in commercial lease negotiations. Peter Wittlin combines his extensive legal knowledge with patience and determination to address every detail, ensuring his clients fully comprehend the complexities of their cases. His vast experience in business law in California has been instrumental in helping numerous tenants in Orange County, Riverside County, and Los Angeles County.

Helping Tenants Reduce Commercial Leasing Costs

The firm of Peter C. Wittlin Attorney at Law advises clients on landlord-tenant agreements to make certain every unnecessary expense is avoided. He will review the proposed lease, take into consideration the length of a lease (three-year versus five-year leasing period, etc.), check upon the tenant improvement allowance and common area maintenance charges (triple net factors — rent, insurance and property taxes), and make certain that basic rent, cost of living and annual increases are in line.

Peter Wittlin is an experienced commercial real estate lease negotiator and has negotiated commercial real estate lease agreements with some of the largest landlords and landlord representatives in Southern California. If compromises must be made in one area, he will negotiate for reductions in other areas. This can include negating of percentages of income rent being paid upon the lease or even obtaining free rent for the first three months of the leasing period.

Schedule a Consultation to Discuss Your Commercial Lease Contract

Contact Peter Wittlin by filling out the form below with a brief description of your legal issue, or simply call his law firm at (949) 430-6366 to schedule your initial consultation. His law firm is located at 8 Corporate Park Suite 300 in Irvine, California.