Landlord and Tenant Law
The Lease Transaction
We are often asked to review leases for our clients. We utilize our expertise and years of experience to identify potential problems and pitfalls and address the problems upfront. The lease should clearly document the responsibilities of the landlord and the tenant. Unfortunately, often the parties may sign a standard lease form and fail to document in writing their other agreements and understandings.
A commercial lease should include provisions that are tailored to the particular transaction. hether you are a landlord or a tenant, the terms of the lease are important. If a landlord or tenant merely accepts what the other side offers, they are likely to accept a form that includes provisions which are different from their expectations. This can lead to litigation which is expensive and other losses which can be even more expensive. An agreed upon lease that the parties understand and accept is an ounce of prevention that is worth a ton of cure. The goal should be to thrash out important issues in advance.
A commercial lease should address not only the lease term and rental, but for example (a) permitted uses and occupancy (b) rules and allocations of responsibility for maintenance and repair and what alterations are permitted (c) whether taxes and operating expenses are included in the rent, and if not, how and when are they adjusted, (d) who is obligated to comply with what legal requirements concerning the property, (e) subordination to mortgages and the right to continue to lease the property if there is a foreclosure (f) insurance, indemnity, and damages to the property from fire or other cause (g) eminent domain, and the right to share in the payment of the condemning authority or receive other benefits (g) the right to assign the lease or sublet, (h) is the landlord paying for or giving a credit for improvements or "build out" and who owns the tenant improvements; (i) is there to be an option to extend the lease, and if so, what are its terms, (j) should there be a provision for attorneys fees, and a lot of other issues that may be important in the particular transaction to one party or another. We can advise you not only on the legal language, but also on the advisability of particular lease provisions.
Landlord Tenant Litigation
If a tenant is not paying rent, or there is a breach of the lease by either party, we have the experience and knowledge to handle the matter efficiently, expeditiously, and successfully. We have handled hundreds of lawsuits brought by landlords and tenants either for non-payment of rent and eviction or breach of the lease and for damages.
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"We have been using the firm for expert legal and good business advice for more than 35 years. They have provided advise for estate planning; executing Wills and Powers of Attorney's; filed a suit to recover our investment funds; handled sale of personal residence and purchase of new residence; handled purchase and eventual sale of 8 unit apartment building; arranged to have capital gain funds tax-deferred by investing in a shopping center (like kind investment 1031 exchange); managed legal issues with shopping center owners and tenants including the preparation of and finalization of a new lease with owners and tenants. We have been very satisfied with the help and guidance they have provided over the years." MoreView All Testimonials