Businesses in Sacramento, Roseville, Folsom, and throughout the state of California require physical locations where business activates can be carried out. For certain businesses, the commercial space needs may be related to the storage of goods and products that will eventually come to market and thus warehouse space or a distribution center may be required. Other businesses may simply need a place where employees and contractors can congregate and work together. In these circumstances office or manufacturing space may be appropriate. In still other scenarios, a business may be seeking a way to engage directly with customers and requires retail space.
Clearly, there are an array of circumstances where a business would need to seek commercial space. However, scenarios are unique and the space and terms that would work for one business are unlikely to be appropriate in different circumstances. The failure to negotiate, record, and execute a commercial lease that contemplates and addresses the concerns of both parties can increase the likelihood for a dispute and litigation.
The lawyers of the NewPoint Law Group are proud to work with California businesses and business owners. We can provide careful, on-point guidance regarding a commercial lease. We can reduce the likelihood that your business is surprised by language that is overly restrictive, imposes additional costs, or introduces other problems to your operations. To schedule a confidential consultation call the NewPoint Law Group at 1-800-358-0305 or contact our firm online.
Ensure a Thorough Real Estate Attorney Reviews of All Commercial Lease Documents
The most effective means of minimizing the risk for disputes, additional costs, and litigation due to an unclear or improperly drafted lease agreement is to have an experienced and careful attorney review the contract. The attorney should have a thorough understanding of your company’s intent, goals, and needs. He or she should review the lease agreement to ensure that the commercial lease is suitable and unlikely to introduce additional complications into your operations.
While any review of a commercial lease agreement is specific to the unique factors and circumstances of the deal, there are certain clauses and aspects of a contract that are always reviewed. Some of these areas of review include:
- Parties clause of the lease – While the parties to a lease might seem self-evident, there is room for serious mistakes in this regard. For instance, a business owner who signs the lease in his or her personal capacity rather than on the behalf of the business has likely created personal liability for his or her business debts. Mistakes of this type must be avoided.
- Premises clause of the lease – Depending on the type of premises and the lease agreement, differing levels of detail may be required to define the scope of the physical lease premises. In some circumstances, the street address may be sufficient. IN other circumstances, the lease may need to describe the particular rooms and facilities your business has access to use.
- Rent Clause – Concerns related to the rent clause certainly include the amount of rent, but the clause can include a number of other details. The clause will frequently set forth the day rent is due along with the manner it must be paid. The rent clause may also include language setting forth responsibility for additional charges including charges for common areas.
- Alteration and Improvement language – In most situations a business will need to make at least some changes to the design, décor, or layout of the commercial lease premises. In other circumstances the space may be unfinished. These provisions set forth whether a business is authorized to make changes to commercial space, who is authorized to perform the work, and a myriad of other related details.
- Exclusive use clause of the commercial lease – Commercial leases should have use clauses and exclusive use clauses. Use clauses set forth and limit how you will be able to use the commercial space so a careful review of this language is essential. Some use clauses may even contain language making the business the building’s exclusive provider or a particular good or service.
The above addresses some of the more commonly encountered commercial lease complications. While it is impossible to account for unforeseeable issues, engaging in careful review of a commercial lease can address foreseeable issues and reduce the odds for a costly dispute that saps your company’s momentum.
Work with Sacramento Commercial Lease Attorney
If your business is seeking a commercial lease, engaging in a careful and comprehensive review of the lease agreement is essential The commercial lease attorneys of the NewPoint Law Group can assess the language in a proposed contract and recommend changes to reduce the likelihood of disputes or litigation. To schedule a confidential consultation at our Roseville or Folsom law offices, call the NewPoint Law Group at 1-800-358-0305 or contact our firm online.