Commercial Leases

In a lease for commercial, retail or industrial property, there are several lease provisions that have significant long term consequences.   Victoria works with landlords and tenants in order to assure that the leases are negotiated to meet the needs of her clients.

For example, it is critical for tenants to understand how CAM (Common Area Maintenance) charges will be calculated each year, exactly what items are included in the CAM charges, including what portion of the landlord’s administrative costs and ongoing maintenance and repair costs, and to know and plan for payment of CAM charges annually.  Both landlords and tenants need to be concerned about lease provisions which assess the rights of the parties if some or all of the leased premises is destroyed due to fire or other disaster.  The lease must contain specific timeframes within which the landlord can decide to rebuild the premises, and in which both the landlord and the tenant have the contractual right to terminate the lease based upon the extent of the destruction and the estimated time for repair.  It is critical to the parties to negotiate and understand who is responsible to make construction improvements to the property in the event of new government requirements, such as the need to comply with the Americans with Disabilities Act, which can apply to premises which are open to and doing business with the public.