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Closer look at commercial leases: a plethora of concerns

We took an overview-type look at commercial leases in our immediately preceding blog post, and zero in with a bit more specificity in today's entry.

And we begin with these words: Get timely counsel and assistance from a proven real estate attorney for any issues or concerns that arise regarding a commercial lease matter.

That is the upfront mantra voiced in an online overview addressing commercial leases, with the admonition being driven by this reality: Consumer-protection laws applicable to residential leases are typically absent in the business lease context, because regulators "assume that business people are more knowledgeable" when it comes to complex commercial matters.

Of course, they are -- or should be. And with prudence being duly rewarded in the business world, many thoughtful landlords and prospective lessees readily avail themselves of the ready assistance that can be provided by an experienced commercial attorney.

That on-point help can often span a wide universe of concerns. Those centrally include things like the following:

  • Rental amount and related matters (e.g., how calculated, party responsible for insurance, taxes and so forth)
  • Rent increases (how/when kicking in; caps and related concerns)
  • Property improvements and modifications
  • Use clause (adequate if a lessee's business profits and expands?)
  • Exclusivity clause addressing competitors and adjoining properties
  • Assigning/subletting

Those are just a few of a veritable ocean of considerations that can arise regarding the negotiation, drafting and execution of a commercial lease.

And moreover, notes the above-cited primer, "commercial lease law is constantly changing."

The well-considered and closely tailored guidance of an established business law attorney commanding a deep well of experience in real estate matters can help ensure that a client's best interests are uniformly promoted in a commercial lease matter.

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