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Commercial Lease

Personal Guaranty Issues in a Retail Lease

Read the fine print of a lease carefully

What are the issues of signing a personal guaranty in a retail lease? Personal guarantees allow a landlord of a retail lease to have individuals guaranty the financial obligations of the tenant in the lease. It is another means that a retail landlord has of ensuring payments from the tenant. What should the guarantors be concerned about when signing a personal guaranty?

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Franchise Attorney or Local Business Attorney?

Understanding of franchise law I often get asked by a prospective franchisee client why they should use experienced franchise attorneys like those at Lanard and Associates and not their local business attorney.  My answer is very simple.  The local business attorney will not likely be familiar with franchise laws (both federal and state) and provide…

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Letter Of Intent For A Commercial Lease

What Is The Purpose Of A Letter Of Intent For A Commercial Lease? A real estate letter of intent (LOI) is the skeleton from which a lease is drafted by the landlord’s attorney.  The letter of intent reduces to writing a preliminary understanding of parties who intend to enter into a contract, including contracts to…

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Top Ten Terms To Negotiate in a Retail Lease

commercial lease agreement

1.  CAM/Operating Expenses – How will they be calculated? How much will they go up each year? Most, if not all, retail leases will require the tenant to pay its proportionate share of operating expenses as additional rent, in addition to the base rent.  However, what is included in those operating expenses and how they…

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What are the Most Important Commercial Lease Clauses to Negotiate?

commercial lease

As experienced commercial lease attorneys representing tenants nationwide, we have handled hundreds of commercial leases.  We are often asked why it is important to have an experienced tenant’s lease attorney review and negotiate the business lease.  Leases are extraordinarily negotiable documents that can make or break a business.  Below is my list of the top…

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What is Additional Rent in a Commercial Lease?

When reviewing a commercial lease, particularly for a retail space, you will notice that typically a tenant will be required to pay base rent and additional rent or CAM (Common Area Maintenance Charges). What is the difference between base rent and additional rent?  What can be done to lower or anticipate the cost of additional…

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What is a Confession of Judgment Clause in a Commercial Lease?

If you are entering into a lease in Pennsylvania, you most likely encounter a clause in the lease (in bold and all caps) called “Confession of Judgment”.  There are typically two types of Confession of Judgment clauses – one for rent, and one for possession. Confession of Judgment for Rent – this clause states that…

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Tips Before You Sign a Retail Lease

Before you sign a lease as a tenant of a shopping center or mall lease, there are some very important tips to keep in mind. 1.  Personal guaranty.  This is a very critical issue. The landlord would like to keep you as a personal guarantor of the lease for the entire term of the lease…

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