what kind of lawyer handles a commercial real estate lease

by Dr. Carissa Predovic PhD 5 min read

Commercial real estate attorneys specialize in the representation of commercial clients that are leasing, buying and selling commercial real estate. They are experts in commercial real estate and landlord/tenant laws.

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Full Answer

Why do I need a commercial real estate attorney?

May 01, 2019 · May 1, 2019. Commercial real estate laws are what regulate the sales of business properties. It also handles other things like zoning issues, commercial leases, liquor licensing, and property or land use. So, a commercial real estate lawyer is someone who specializes in those laws in an area. A lawyer in this field oversees your purchasing or leasing agreements, closing …

Do I need a commercial real estate attorney to check my lease?

May 25, 2020 · A commercial lease is a lease for business. There are different types of commercial leases. You should always hire a real estate lawyer when signing a lease. Also, you should do the same when renegotiating a lease. This lawyer would practice in real estate and contract review. They might call themselves a business lawyer or a real estate lawyer.

Why do I need a landlord/tenant attorney?

An experienced real estate lawyer can inform of your rights and obligations under the terms of the commercial lease. Your lawyer can also determine whether any conditions of the lease will work in your favor. In addition, if you are in a dispute with your commercial landlord, your lawyer can represent you during negotiations or in court.

What types of real estate disputes do real estate attorneys handle?

Using a Lawyer in Your Commercial Lease Negotiations. Your lawyer can be a powerful ally during negotiations with your prospective landlord. How you work together will depend on your budget, your style, and the complexity and length of your lease. Negotiate your lease with the help of an experienced real estate lawyer.

What is commercial lease?

Many properties are held under a lease. A commercial lease is a lease for business. There are different types of commercial leases. You should always hire a real estate lawyer when signing a lease. Also, you should do the same when renegotiating a lease. This lawyer would practice in real estate and contract review. They might call themselves a business lawyer or a real estate lawyer.

What can a business lawyer do to help you with dispute resolution?

These business law lawyers can help you with dispute resolution by providing accurate legal advice. Dispute resolution can include mediation or arbitration. It can also be sending a demand letter, which often works. A demand letter can scare someone into doing the right thing.

What is a full service gross lease?

The rent doesn’t change based on insurance, repairs, and utilities. This base rent is much higher than a triple net lease. This is because the landlord is taking on more risk. You can often get a better deal as a tenant with a triple net lease. However, many tenants prefer a flat rate.

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 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 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 ...

What is the duration of a lease?

The duration of the lease: The duration of the lease, or the lease term, must be included in the lease. This provision should say when the lease begins, when it ends, and whether there are options to renew the lease.

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.

Can a landlord evict a business tenant?

Some landlords may agree to decrease the rent for a certain period of time until the business is able to pay the amount agreed to in the commercial lease. If the parties do not have a good relationship or a landlord refuses to decrease the amount of rent, then the landlord may evict the business tenant.

Using a Lawyer in Your Commercial Lease Negotiations

Your lawyer can be a powerful ally during negotiations with your prospective landlord. How you work together will depend on your budget, your style, and the complexity and length of your lease. Negotiate your lease with the help of an experienced real estate lawyer.

Find a Lawyer

Just enter in your zip code, answer a few questions and give us your contact information. We'll find lawyers near you who offer commercial real estate services. From there you can choose one that you like.

What do commercial real estate lawyers do?

Commercial real estate attorneys specialize in the representation of commercial clients that are leasing, buying and selling commercial real estate. They are experts in commercial real estate and landlord/tenant laws. Here are some of the things that a commercial real estate lawyer can do for you when you enter into a lease: 1 Prepare and review leases 2 Negotiation and re-negotiation ofleases 3 Give legal opinions and advice 4 Represent you in landlord/tenantlitigation disputematters

Can an attorney text you?

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. Your number will be held in accordance with our Privacy Policy.

What is net lease?

A net lease usually stipulates that tenants pay a portion (but not all) of the building’s operating expenses: maintenance fees, real estate taxes, and insurance. Types of net leases include triple, double, and single.

What is triple net lease?

A triple net lease is essentially the opposite of a gross lease. The tenant (you) agrees to pay for not only the fees for rent and utilities but also all of the commercial property’s operating expenses, such as maintenance fees, building insurance, and property taxes. Usually, triple net leases require reduced rental prices because ...

Who pays for building maintenance?

However, the landlord pays for the building’s structural maintenance expenses. Landlords renting an office building to multiple tenants will likely divide the property tax and building insurance expenses fairly among the tenants.

What is modified gross lease?

In general, a modified gross lease means that the tenant pays base rent, utilities, and a portion of operating costs. The details vary from contract to contract. In some modified gross leases, tenants pay only base rent and utilities for the first year but in each additional year pay a pro rata share of the building’s operating costs.

What is a landlord tenant attorney?

A landlord/tenant attorney can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests. We've created a list of trusted landlord/tenant attorneys to help you find a lawyer who is the best fit for your situation.

What are the legal issues with landlords?

Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: 1 Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues. 2 Eviction, either seeking to evict a tenant or helping a tenant fight eviction and stay in their home (especially during times where additional tenants' rights/renters' rights are in effect, such as the COVID-19/coronavirus pandemic). 3 Rental agreements and lease agreements, including initial drafting and review of rental contracts, updates to the terms of the lease, and other contract-related matters. 4 Discrimination claims, including those related to housing discrimination on the basis of race, national origin, sex, religion, disability or other classification protected under the federal Fair Housing Act or other state or local ordinances. 5 Commercial real estate matters, from negotiating an initial commercial lease to litigating business disputes related to the lease or other issues. 6 Personal injury claims, if a property is not kept safe and in proper repair and someone is injured as a result. 7 Addressing tangential issues for landlords, including business law and estate planning-related issues such as business succession planning, and protection of rental property assets in a divorce or other family law matter.

How to establish a lawyer-client relationship?

Old-fashioned as it may seem, the simple handshake is still widely regarded as an -acceptable basis for establishing a lawyer-client relationship. But not everyone is so casual—at the other end of the spectrum, where the interaction between you and your lawyer is more formal, you may find yourself handed multiple pieces of paper, such as: 1 a client information form, which asks for details on your business, your finances, and who (if anyone) referred you to the lawyer's office 2 a brochure describing the law practice and the education and experience of the firm's lawyers, and 3 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.

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 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 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.

Do lawyers charge for photocopying?

Lawyers may charge you for more than just the value of their services. Typically, lawyers charge clients for costs that are not included in the lawyer's normal office overhead, such as travel, hiring experts, time spent on online legal research databases, or other consultants—and some even charge for photocopying! Be sure to find out whether you will be charged for itemized costs and, if so, what they are and how much you'll pay.

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.