Commercial Leasing
Commercial leasing is a critical aspect of business operations for both landlords and tenants. Whether negotiating lease agreements, resolving disputes, or ensuring compliance with lease obligations, having experienced legal counsel is essential. At GFW, our commercial leasing lawyers provide expert advice and representation to landlords and tenants in a wide range of leasing matters, from lease drafting and negotiation to litigation and dispute resolution.
We understand the complexities of commercial lease agreements and the financial and operational implications for businesses. Our legal team is committed to helping clients protect their rights and interests, ensuring that lease arrangements are fair, enforceable, and aligned with business objectives.
Understanding Commercial Leasing
A commercial lease is a legally binding agreement that outlines the terms and conditions under which a tenant rents property from a landlord for business purposes. These leases are typically more complex than residential leases and can involve detailed negotiations over rent, maintenance, renovations, and dispute resolution.
Key Aspects of Commercial Leasing
Lease Drafting and Negotiation – Ensuring clear terms that protect your interests.
Payment and Collection of Rent – Addressing overdue payments, arrears, and rent increases.
Maintenance and Repairs – Determining landlord and tenant responsibilities for upkeep.
Termination and Renewal – Outlining conditions for ending or extending the lease.
Dispute Resolution – Resolving conflicts through negotiation, arbitration, or litigation.
Property Condition and Compliance – Ensuring adherence to zoning laws and building regulations.
Tenant Abandonment – Handling situations where tenants vacate before the lease term ends.
Distress for Rent (Distraining Assets) – Enforcing landlord rights to recover unpaid rent.
Legal Services for Commercial Landlords
Commercial landlords must ensure their lease agreements are well-drafted, enforceable, and protective of their property and financial interests. GFW’s commercial leasing lawyers assist landlords in all aspects of lease management, including:
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A properly drafted lease agreement reduces the risk of future disputes. Our lawyers help landlords negotiate fair and enforceable lease terms, including:
Rent structures and escalation clauses
Security deposit requirements
Maintenance and repair obligations
Use restrictions and permitted business activities
Lease termination and default provisions
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Ensuring timely rent payment is crucial for landlords. We provide legal guidance on:
Collecting overdue rent
Enforcing lease provisions related to payment defaults
Initiating legal action to recover unpaid rent
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When tenants fail to meet lease obligations, landlords need to take appropriate legal action. We assist with:
Issuing notices of default
Negotiating resolutions to avoid litigation
Filing eviction proceedings where necessary
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Landlords have obligations regarding the maintenance and condition of leased properties. We provide legal advice on:
Landlord vs. tenant responsibilities for repairs
Compliance with health and safety regulations
Addressing environmental and zoning law requirements
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Disputes between landlords and tenants can arise over rent payments, lease terms, or property conditions. Our legal team represents landlords in:
Lease enforcement lawsuits
Arbitration or mediation pursuant to lease agreements
Court applications and trials
Legal Services for Commercial Tenants
Commercial tenants need to ensure that their lease agreements are fair, clear, and aligned with their business goals. Our lawyers provide guidance on:
Reviewing and Negotiating Lease Agreements
Before signing a lease, tenants should fully understand their rights and obligations. We assist tenants in:
Negotiating rent terms and escalation clauses
Clarifying maintenance and repair responsibilities
Understanding renewal and termination provisions
Ensuring the lease aligns with business plans and growth projections
Resolving Lease Disputes
When disputes arise between tenants and landlords, we work to resolve them efficiently through negotiation, mediation, or litigation. Common issues include:
Unfair rent increases
Disagreements over maintenance and repairs
Lease termination disputes
Allegations of lease breaches
Termination, Abandonment, and Renewal
Understanding the conditions under which a lease can be terminated or renewed is crucial for tenants. We provide legal assistance with:
Negotiating lease renewal terms
Early termination and subleasing rights
Handling situations where the business needs to relocate or close
Defending Against Eviction or Claims
If a landlord attempts to terminate a lease or claim unpaid rent unfairly, we defend tenants by:
Challenging wrongful eviction attempts
Negotiating lease modifications to avoid legal action
Representing tenants in court if necessary
Commercial Lease Dispute Resolution
Disputes between landlords and tenants can be costly and disruptive. At GFW, we aim to resolve conflicts efficiently through various legal avenues:
1. Negotiation and Mediation
Many commercial lease disputes can be resolved through negotiation or mediation, avoiding the cost and uncertainty of litigation.
2. Arbitration Under Lease Provisions
Some commercial leases require disputes to be resolved through arbitration rather than court proceedings. Our lawyers are experienced in arbitration processes and represent clients effectively in these forums.
3. Litigation and Court Representation
When disputes escalate, litigation may be necessary. Our legal team represents clients in:
Lease enforcement lawsuits
Rent collection disputes
Breach of lease claims
Property damage claims
Key Considerations in Commercial Leasing
1. The Importance of a Well-Drafted Lease
A poorly drafted lease can lead to costly disputes. Whether you are a landlord or a tenant, having a clear and enforceable lease agreement is essential.
2. Understanding Lease Obligations
Both parties should fully understand their responsibilities, including who is responsible for property repairs, insurance, and compliance with local regulations.
3. Protecting Business Interests
Tenants must ensure that the lease terms allow for business growth and flexibility, while landlords should protect their property investment and income stream.
4. Addressing Unforeseen Circumstances
Situations such as economic downturns, business closures, and force majeure events (e.g., pandemics) should be considered in lease agreements to provide flexibility and risk mitigation.
CONNECT WITH OUR
Commercial Leasing Lawyers
Why Choose GFW’s Commercial Leasing Team?
1. Extensive Experience in Commercial Leasing Law
Our lawyers have successfully handled a wide range of commercial leasing issues for both landlords and tenants.
2. Strong Negotiation and Litigation Skills
We prioritize negotiation and mediation but are prepared to litigate aggressively when necessary.
3. Tailored Legal Solutions
Every leasing situation is unique, and we develop customized strategies to meet our clients’ specific needs.
4. Client-Focused Representation
We work closely with clients to understand their business goals and legal challenges, providing practical and effective legal solutions.
Whether you are a commercial landlord seeking to enforce lease terms or a tenant negotiating a new lease, our experienced lawyers can help.
Protect your commercial property interests. Contact us today for a consultation.
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Eric Gionet
PARTNER
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Scott Fairley
PARTNER
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Andrew Wood
PARTNER
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Carole Redmond
SENIOR ASSOCIATE
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Alex Daley
ASSOCIATE
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Julia Tremblay
ASSOCIATE
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Abdullah Saleem
ASSOCIATE