PRACTICES

Commercial Leasing

Commercial real estate is highly complex and multi-layered. State and local laws and ordinances change regularly so it’s imperative to have a knowledgeable Real Estate attorney who knows the terrain and ins-and-outs of this temperamental industry.

Blitz, Bardgett and Deutsch’s team of expert Real Estate – Commercial Leasing attorneys have decades of experience serving both tenants and landlords in the St. Louis region and nationally. They will put your mind at ease and explain in detail each step and phase of the transaction process.

Our dedicated team of commercial real estate attorneys are experts at drafting and negotiating commercial office and retail transactions for tenants and landlords—making certain your interests are protected and that your commercial lease does not include hidden, unfair or illegal provisions for either party, accidental or otherwise.

Terminology is critical in all commercial real estate contracts, as well as legal interpretation and implications, you should have an expert attorney who understands the law and the industry.

We Make the Process Easier

We explain to you in non-legalese language your options and rights as a tenant or landlord, the terms of the agreement and adeptly advise and counsel you through the entire process so there are no surprises.

We can also assist you in matters of: Land Use & Zoning, Real Estate Financing & Investments, and matters of Real Estate Litigation, and more.

How Commercial Leases Differ from Residential Leases

First, commercial leases are not simply a matter of filling out a standard form downloaded from the internet. Commercial lease agreements are much more complex for a variety of reasons: lease structure, business terminology, stipulations regarding “build-outs,” allowable improvements—including advertising and signage space—fixtures, terms of the lease and a multitude of other critical considerations.

Flexible and Negotiable Terms: Unlike most residential leases, commercial leases more often than not allow for customized terms to provide protection for both tenant and landlord and may also involve allowable improvements to the property.

Length of Terms: Commercial property lease agreements, whether they be retail or office space, may run for several years, while residential property leases typically stipulate one or two years. There is more commitment at the commercial level.

It pays to have a knowledgeable commercial real estate attorney working with you from day one—before terms are set.

What is the Future of Your Property?

This is a critical consideration for both commercial landlord and tenant. What will the future bring?

Dispute Resolution: Imagine you are about to enter into a binding lease agreement and are ready to put pen to paper. But what happens if there is a future dispute? This situation occurs more often than you may think. Situations change, the needs of both parties change, the economy changes. It is imperative for you to guard against the unforeseen and have language reflecting these possibilities in your contract.

Bottom line? Think ahead. What then? Is arbitration an option? Is it your best option? Should your matter go to court? What is best for you? If unattended, these details can unnecessarily cost, aggravation and precious time.

Default or Termination: As a tenant, if terminating the lease is allowed, are there penalties involved or can you “reassign” the lease to a third party? What are your legal options? Protect yourself.

Subletting: Is it in the best interest of the landlord to allow the tenant to sublet? Will allowing this alleviate leIs this an option potentially beneficial to the tenant as well?

Non-Compete Clause: This is strictly in the best interest of the tenant. A non-compete stipulates that the landlord is forbidden to rent space in close proximity) to the tenant’s competitors. Call it geographic exclusivity.

The complexities involved in commercial real estate are many. Partnering with a seasoned commercial real estate attorney long before you sign the deal is the smartest thing do. In the long run, it may also save you money.

 

Contact

Contact us today for a consultation. 314-863-1500. info@bbdlc.com.

Over the last two decades Blitz, Bardgett and Deutsch has earned a respected reputation in the legal community as a top-flight litigation, real estate and business transactional firm based in St. Louis, Missouri, with offices in Jefferson City and Columbia. BBD’s team of seasoned attorneys and notable up-and-coming associates are also recognized standouts in matters of Employment Law, Regulatory Work, Tax & Estate Planning and Alternative Dispute Resolution.

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