A lease is often one of the first and most important contracts a business will negotiate. Unfortunately, commercial leases are full of traps for the unwary. This article highlights a few of the common pitfalls encountered by businesses when negotiating a commercial lease and offers tips for how to avoid them.
Accepting the Terms of a Standard Lease
Contrary to what a landlord may tell you, there is no such thing as a “standard” commercial lease. Although there are forms that are commonly used in the industry, they can always be modified.
Assuming the Landlord’s Proposed Lease Is Fair
Similar to the above pitfall, the landlord may claim that the lease he has provided you is fair. However, this is not a safe assumption. It is far more likely that the landlord’s attorney has crafted a lease that favors the landlord in terms the rights and obligations of each party. Therefore, it is imperative for you to negotiate a lease that also has your best interest in mind.
Failing to Understand the Terms of the Lease
Most leases are full of legalese that can make even a seasoned attorney’s eyes glaze over. However, it is important to read and understand what each provision means. For instance, terms such as “holdover” are important because they dictate what happens if you don’t move out as planned at the end of the lease.
How We Can Help
Before entering into a commercial lease, it is often advisable to consult with an experienced business attorney. Our firm can help you achieve your business goals, while also minimizing your liability. Contact us today to schedule a free consultation.
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