Your Tips for Tenants When Negotiating a Commercial Lease
If you are a prospective tenant seeking to lease commercial space, use these quick tips for tenants when choosing an attorney. Get yourself the best deal and avoid legal risks.
***Before we begin our tips for tenants***
There is no such thing as a “standard form” lease: all terms are potentially negotiable. You are oftentimes confronted with a 40+ page “standard form” commercial lease to sign “Yesterday” from Landlord’s property manager. Before signing it lease it may be advisable to have an attorney prepare or approve a “letter of intent,” outlining your essential terms to make sure the landlord will begin treating you with respect–to show your seriousness, purpose, and wherewithal.
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Now, here are my quick tips for tenants on what an attorney should be able to do for you when going through most of the 40+ page lease proposal given to you by the Landlord:
- Determine whether to omit “standard form”’s most one-sided (unfair to you) provisions.
- Strike out percentage income rent and right to inspect your books.
- Keep formula periodic rental increases down.
- Allow for shorter, more frequent, option to renew periods.
- Reduce late payment charge amounts and increases in “holdover” rent.
- Remove resolution of disputes by “referees”; electing arbitration.
- Strike restrictions on your recovery of damages against landlord
- Protect your right to a fair share of any condemnation award on loss of lease.
- Include option for you for early termination of lease, & op-out terms.
- Make the lease more assignable by you to a business buyer.