what kind of lawyer do i need for lease agreement

You may want a real estate lawyer to review a lease before you sign it. An experienced real estate lawyer can help you understand all the provisions of your lease and make sure there are no unfair or illegal clauses in it.

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What are the typical clauses in a lease agreement?

May 16, 2013 · Posted on May 17, 2013. Posted on May 17, 2013. Talk to a real estate attorney in your area. This should be a relatively simple document to draft. But you need to consult with an attorney experienced in creating custom-tailored leases to accomplish what you want. Do not use a "form" document for this that you might be able to find on the internet. I am licensed to …

What reasons can get you out of a lease agreement?

How to Get a Lawyer's Help. If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find an Excellent Lawyer" or go straight to Nolo's Lawyer Directory. Hire a lawyer as …

How to prepare a lease agreement?

May 07, 2019 · Hiring a Commercial Lease Lawyer to Review Your Lease Agreement. Since commercial lease agreements can be very complex and a landlord may even include unfair provisions, it is wise to ask a commercial lease lawyer to review the details. When you hire a commercial lease lawyer, they will go through the agreement and provide comments and …

How do you create a lease agreement?

Residential Lease Attorney. A residential lease is a specific type of legal agreement that is entered into when a tenant rents property from a landlord to use for residential purposes (i.e., living). Similar to other lease agreements, a residential lease will contain the terms and conditions of the lease, such as the date that the lease expires and how often the tenant will need to pay …

Your Landlord Is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

Why do landlords have attorneys fees?

Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you might be entitled to get reimbursed for your reasonable attorneys' fees and court costs if you win a lawsuit against your landlord.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

What to do if landlord refuses to honor promise?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

Hiring a Commercial Lease Lawyer to Review Your Lease Agreement

Since commercial lease agreements can be very complex and a landlord may even include unfair provisions, it is wise to ask a commercial lease lawyer to review the details. When you hire a commercial lease lawyer, they will go through the agreement and provide comments and recommendations and point out sections that may leave you legally vulnerable.

Are You Searching For a Commercial Lease Lawyer in Calgary?

The business lawyers at Badyal Toor provide a range of legal services for businesses both large and small. Among other things, we will help to ensure that your commercial lease agreement is fair and in your best interests. So, give us a call today to schedule an appointment with one of our commercial lease lawyers.

What are the requirements for a residential lease?

There are certain items that every residential lease must contain, such as the name of the parties, the length of the tenancy, the amount of rent that is due each month, and so forth. However, there are some important provisions that the parties should include like the following: 1 Rules about having pets; 2 Restrictions on illegal activities; 3 Whether the landlord or the tenant will be responsible for repairs and maintenance; 4 Whether a tenant needs to obtain a renters insurance policy; 5 Whether the tenant is allowed to operate a business on the property; 6 Rules concerning smoking policies and other potentially disruptive activities like noise; 7 Clear terms regarding when a landlord is permitted to enter the premises; 8 Instructions concerning what a tenant must do to sublet their apartment and whether or not the landlord even permits sublets; and/or 9 Notice requirements and if there is an option to renew the lease.

What is a duty not to breach a lease?

A duty not to breach the lease; A duty to keep all units in habitable condition; A duty to respect the privacy of a tenant (with limited exceptions); A duty to return the security deposit within a specified period after a lease expires; and.

What happens if a landlord raises rent too high?

This is so that if the landlord raises the rent too high, then the tenant will still have time to look for a new apartment before their lease expires. The landlord must also approve a tenant’s request to renew their lease.

What is residential lease?

A residential lease is a specific type of legal agreement that is entered into when a tenant rents property from a landlord to use for residential purposes (i.e., living). Similar to other lease agreements, a residential lease will contain the terms and conditions of the lease, such as the date that the lease expires and how often ...

What to do if tenant has not moved out?

If the tenant has not completely moved out by the time the residential lease expires, but they have breached the lease, then the landlord may call the county sheriff’s department or other law enforcement agency in the area to remove the tenant and any of their belongings .

What are the rules regarding smoking?

Rules concerning smoking policies and other potentially disruptive activities like noise; Clear terms regarding when a landlord is permitted to enter the premises; Instructions concerning what a tenant must do to sublet their apartment and whether or not the landlord even permits sublets; and/or.

How long does it take to renew a lease?

However, the tenant will usually know one to three months in advance of the lease’s end date if they will have to move or not.

How much does a lawyer charge per hour?

Paying your lawyer by the hour is the most common method. In most parts of the United States, you can get competent services for your small business for $150 to $250 an hour. Most lawyers bill in six-, ten-, or 15-minute increments. Understand that these are the smallest "chunks" of time that the lawyer will bill for, ...

What is flat fee agreement?

In a flat fee agreement, you pay the same amount regardless of how much time the lawyer spends on the particular job. When an attorney is highly recommended by others and the flat fee is moderate, this can be a great arrangement for you.

What is a retention letter?

a "retention letter" or a contract, detailing the lawyer's billing practices and describing the extent of the work the lawyer will do for you. In some states, lawyers must present you with a retention letter or contract. If the lawyer you've chosen has dispensed with these formalities, you may not care very much—after all, ...

What to do when you have runaway hourly fees?

If you are concerned about runaway hourly costs, you can ask the lawyer to agree to a "cap," or an upper billing amount. This means that when the cap has been reached (or is near), the billing will stop (and the lawyer will stop working) until you authorize more work.

How to secure a flat fee?

To secure a flat fee or cap, dangle the prospect of more work ahead. Explain to the lawyer that yours is a small business with a limited budget. Especially if you're just starting out, mention that you'll have other legal needs in the future if your business succeeds.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. If you've never hired a lawyer before, you're probably wondering what you can expect when you show up for your first appointment.

Do you have to give consent to a text message from Martindale-Nolo?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.

Rental Agreements

Securing a clean, safe, and pleasant place to live is central to your qualify of life.

Have a Lawyer Review the Rental Agreement Before You Sign

Before you sign a lease or rental agreement, you may want to have a lawyer review it to ensure all the standard clauses and mandatory disclosures are present and properly worded so as not to unlawfully abridge your rights as a tenant. Security deposits frequently cause disputes between landlords and tenants.

How an Attorney Can Help if You Need to Terminate your Rental Agreement

As a tenant, should your circumstances change and you want to terminate a lease before the date stipulated in the lease contract, a lawyer can negotiate with the landlord for an early exit and assist in avoiding pending rent on the balance of the lease term including potentially preventing the landlord from filing a lawsuit to collect the pending rent. These are just a few of the situations where the advice of an attorney would be helpful.

What should a lease specify?

The lease should also specify what method the landlord uses to measure the area, what types of rooms are included on the property (e.g., bathroom, kitchen, etc.), whether a parking lot is attached, and so forth.

What is commercial lease law?

Commercial lease law is a fairly complex field of law , so you may want to consult a local real estate lawyer before you sign any commercial leases.

What are the defenses against eviction?

In the event of an eviction, a commercial tenant should also review the laws of their jurisdiction and their lease agreement to find out whether there are any defenses that they might be able to raise. Some standard defenses that commercial tenants may be able to raise against an eviction include: 1 Lack of proper notice; 2 Retaliatory eviction; 3 Landlord breach; 4 Improper eviction; and/or 5 Landlord discrimination.

What are the elements of a commercial lease?

However, because of commercial lease laws, there are some basic elements that every commercial lease agreement must contain. These include: A covenant to pay rent: A commercial lease should state how much rent is, when the rent is due, and whether the business tenant will be subject to rent increases. In the event there are rent increases, the ...

Why do commercial leases have less rights than residential leases?

Thus, commercial leases offer a lot more flexibility and opportunities for negotiations. For example, conditions, such as rent payment amounts, security deposit amounts, ...

What is the difference between commercial and residential leases?

Some other differences between the two include the following: Commercial leases tend to have longer rental periods than residential leases. For example, residential leases are usually created for one-year or less, whereas commercial leases are typically entered into for several years.

What factors increase the cost of a lease review?

Some other factors that could increase the cost to review a lease agreement include how much experience an attorney has, the jurisdiction of where the lawyer practices, and whether any legal disputes arise over the lease agreement or during the negotiation process.

Why do you need an attorney to review a lease?

As we have eluded to in the previous points, perhaps the most important reason to have an attorney review your lease agreement is that commercial leases are usually written by the landlord (or more often their attorney), and this means that the contract will be worded in a way that is most favorable to the landlord.

What is included in a commercial lease agreement?

Important points are usually agreed to, such as monthly rent, square footage being rented, term and renewal periods, security deposits and upfront rent, tenant improvement allowance, and many others. These conditions are often included in a letter of intent (LOI). A tenant should expect the points that were agreed upon and spelled out in the LOI to be accurately reflected in the lease agreement, but this is not always the case. A lawyer can thoroughly review the contract to make sure everything is accurate.

How long does a commercial lease last?

Commercial leases typically run for three to five years or longer, and the tenant is usually required to provide a personal guarantee for the entire term of the lease. As personal guarantor, you lose all protection that your business entity may provide (e.g., LLC, Corporation), and you are personally on the hook for any unpaid rent, property damage, or other liabilities. Landlords usually do not want to remove the personal guarantor clause, but you may be able to negotiate some flexibility into it.

What is a lease for a coffee shop?

The lease defines the commercial activities the tenant is allowed to participate in, but the language may be too narrow. For example, if you are opening a coffee shop, you might also want to sell hats, t-shirts, and coffee cups with your logo on them.

What is the most important contract to sign?

When you are starting a new business or moving to a new location, one of the most important contracts you will need to sign is a commercial lease agreement. Many business owners are under the mistaken impression that commercial leases are similar to residential leases, and that each contract contains pretty much the same language.

Why is commercial space different from residential?

This is because use of commercial space is very different from the way a residential property is used. Pretty much everyone rents an apartment as a place to live, while a commercial property is rented for some type of business use. But each business is unique, and there are many specific ways you may want to use a commercial space, ...

Can a landlord sublet a commercial space?

Or you may be able to negotiate the right to sublet all or part of your commercial space to another party. A landlord may agree to this as long as they are able to approve the new tenant, and as long as the original lessee remains liable for any unpaid rent or property damage done by the new tenant.

Should I hire an attorney to draft a lease agreement?

You should hire an attorney to draft a lease agreement for you. The ones you find online or in stores usually don't have the strongest language with the right kind of clauses to protect the landlord. The language can be very plain and still have the effect needed.

Do you have to have a lease written in legalese?

Some jurisdictions require rental licenses; other zoning ordinances prohibit renting in certain properties.#N#Secondly, while a lease doesn't have to be written in "legalese" there are...