Commercial Tenant Representation: Protecting Your Business Interests
Your lease is likely one of your company’s largest overhead expenses and its most significant legal obligation. In a real estate market designed to favor landlords, entering a commercial lease negotiation without specialized legal counsel is a risk to your bottom line and successful operation of your business.
We provide comprehensive legal strategies for businesses from startups to established organizations with a portfolio of leases, ensuring that your physical space supports your business goals and bottom line rather than hindering them.
Why Commercial Tenants Need Counsel
Standard commercial leases are rarely "standard." They are sophisticated legal instruments drafted by landlord attorneys to maximize "Landlord" protection. Our firm levels the playing field by identifying hidden costs and shifting the balance of risk to be more reasonable.
Our Scope of Services
We handle the legal complexities so you can focus on running your business. Our representation covers the entire lifecycle of a commercial tenancy, including:
Pre Lease/LOI: Negotiating the Letter of Intent to lock in favorable core terms before the formal lease is drafted. Addressing all issues that affect the financials of the deal at this stage is critical, and failing to do so could adversely affect profits throughout the entire lease term.
Lease Negotiation: Deep-dive review of the lease; drafting custom riders and amendments; counseling tenants on the real life impact of various lease provisions.
Lease Abstracting: Summarizing critical lease terms for quick reference. Commercial real estate leases can easily run over 50 pages, filled with complex clauses, riders, and amendments. A lease abstract distills those pages into a concise, 2-to-5-page summary of the most critical financial, legal, and administrative data.
SNDAs and Estoppels: Evaluating requests from the landlord's lenders and potential purchasers to ensure the tenant's interest are protected and that the lease is not inadvertently amended to the tenant's detriment.
Beyond the Rent: Negotiating the Hidden Terms and Meaning
Many tenants focus solely on the price per square foot. We evaluate the clauses that cause real-world headaches. The list below includes some of the areas where we add value:
- Possession and Commencement: Ensuring the tenant understands the condition of the space at commencement and costs associated with securing the permits and approvals necessary to lawfully operate.
- HVAC and Roof Replacement Responsibility: Ensuring responsibility for replacing improvements that are beyond use life or in poor condition are split in an acceptable manner.
- Operating Expense: Preventing "CAM" (Common Area Maintenance) charges from becoming a blank check for the landlord.
- Use Provisions: Ensuring your lease allows for your specific business activities and potential future pivots.
- Assignment & Subletting: Securing the flexibility to sell your business or downsize without predatory interference.
- Exclusivity Clauses: Ensuring a direct competitor doesn't move in next door.
- Subordination & Non-Disturbance (SNDA): Protecting your right to stay in the space if your landlord loses the building to foreclosure.
Protect Your Future
Don't sign a lease based on a handshake or a landlord’s "standard" form. Let’s ensure your next workspace is an asset, not a liability.