which kind of lawyer to read the leases

In all but the simplest deals, it's a good idea to hire an experienced real estate lawyer to help you negotiate your lease, or at least review it. While you may understand the meaning and significance of the clauses in the landlord's lease, that's no substitute for a legal analysis of the particular lease your landlord has handed to you.

Full Answer

How can a real estate attorney help me with a lease?

Your best bet is to find a lawyer who regularly represents small businesses. These lawyers are used to working with commercial leases and the problems that come with them. They understand the ins and outs of business tenancies and can often suggest effective strategies that general practitioners or specialists in other fields don't know about.

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

Most lawyers who advise small business clients about a lease use one of the following two fee arrangements. Paying By the 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.

How can a landlord/tenant lawyer help me?

To make sure you are legally protected, you should have a commercial real estate attorney assist you with the negotiations and review of your commercial lease. The attorney's expertise in landlord/tenant disputes and leases can help avoid potential problems that may arise by recommending additional clauses that should be added to the lease and clarifying ambiguous …

Why do I need a commercial real estate attorney?

May 16, 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.

What are the 3 common types of leases?

The three most common types of leases are gross leases, net leases, and modified gross leases.The Gross Lease. The gross lease tends to favor the tenant. ... The Net Lease. The net lease, however, tends to favor the landlord. ... The Modified Gross Lease.

What is an attorney called?

A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters. Today's lawyer can be young or old, male or female.Sep 10, 2019

What is a lease checklist?

Basic Terms Of The Lease The lease should list the names of each person entering the agreement with the landlord and how many adults and children will occupy the unit. The lease should also specify a start and end date. The amount of rent and security deposit the tenant agrees to pay should also be included.

What leases must be in writing?

A: The answer is almost always yes. A written agreement can act as a roadmap for the landlord-tenant relationship, especially if a dispute arises. Also, real estate (land) leases for more than one year must be in writing. If a lease for over one year is not in writing, it will generally not be enforceable in court.

What's the difference between lawyer and attorney?

A lawyer is an individual who has earned a law degree or Juris Doctor (JD) from a law school. The person is educated in the law, but is not licensed to practice law in Pennsylvania or another state. An attorney is an individual who has a law degree and has been admitted to practice law in one or more states.May 9, 2020

Is lawyer and attorney the same?

Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

How do I review a lease agreement?

Take advantage of this valuable time with your future tenant and use these 7 tips for reviewing your lease agreement.Choose the right location. ... Allow for plenty of time. ... Dress professionally. ... Bring all the paperwork. ... Go over the lease together. ... Take the time to listen. ... Take notes for later.May 5, 2015

What four things will be in the rental agreement?

What Makes California Lease Agreements Unique?Security Deposits. ... Specific Payment Requirements. ... Late Rent Fees. ... Rent Increases. ... Notice of Entry. ... Rental Agreement Disclosures. ... Gas and Electricity Disclosure. ... Recreational Marijuana and Rentals.Feb 7, 2022

Who writes a tenancy agreement?

Most tenants do not have a right in law to a written tenancy agreement. However, social housing landlords such as local authorities and housing associations will normally give you a written tenancy agreement.

What is lease agreement?

In real estate, lease contract is considered as the most important legal form because it legally binds two or more parties often referred to as the landlord and tenant. The lease contract contains rental agreement, which specifies the tenant's right to live and the landlord's right to retain ownership.Dec 26, 2016

What is a legal lease?

A contract or grant that creates an estate in land for a term of years absolute. A legal lease must normally be created by deed; however, there are no formal requirements for the creation of a legal lease for a term that takes effect in possession and does not exceed three years at a full market rent without a premium.

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.

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.

Ryan Vancil Esq

A real estate or landlord/tenant attorney should have the needed experience you are looking for.

Byron David Flagg

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...

Alan James Brinkmeier

If a land lease agreement is not drafted carefully, it will not actually constitute a legally binding contract.

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 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 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.

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.

What is a lease contract?

Leases are contracts which legally bind both sides. This means that tenants may wish to terminate a lease before the landlord does. A tenant may enforce a termination of lease agreement under the following limited circumstances: Periodic Tenancy: An example of periodic tenancy would be a month to month lease.

What happens if you break a lease?

If you break a lease without the legal grounds to do so, you may be required to pay an early termination fee. Depending on the terms of your lease, there may or may not be a penalty for terminating a lease. An example of this would be having to pay the rent for the remaining months on your lease.

How long does it take to terminate a lease?

Leases such as these can be terminated by either the landlord or tenant for almost any reason; sometimes prior notice is required, usually thirty days; Tenancy at Will: Under tenancy at will, either party may terminate at any time, as long as prior notice was given.

Can a month to month lease be terminated?

Periodic tenancy, such as a month to month lease, can be terminated by either the landlord or tenant for almost any reason. Sometimes prior notice is required, which is usually thirty days; and. Tenancy at will, in which either party may terminate at any time, so long as prior notice was given. As previously mentioned, landlords usually accomplish ...

What is a 3 day notice?

A common type of notice is the 3 day pay rent or quit notice. This notice asks the tenant to pay rent, or to move out, within three days of receiving the notice. If the tenant fails to comply with the termination notice in the amount of time provided, the landlord may then file an unlawful detainer action. Alternatively, an eviction is ...

Can a tenant cancel a lease?

Because a lease is a legally binding document, a tenant generally cannot cancel a lease except under specific circumstances. A landlord failing to obey a building code does not usually warrant a tenant terminating a lease; nor does landlord failure to maintain common areas, such as a courtyard.

What happens when a landlord evicts a tenant?

If a landlord wishes to evict a tenant, they must follow the very strict procedural rules of the state and, if in a rent controlled market, the city. When rent goes unpaid and the landlord is unable to contact the tenant, it could seem that the tenant has abandoned the property without notice. If the landlord suspects that a tenant has abandoned ...

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.