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is there some link i can see a detailed retail commercial contract.

 
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Customer Question

is there some link i can see a detailed retail commercial contract. my aunt rent a $9000 sq space to operate a game room billaird and amusement game. She wants to reasonable protection under the lease. What should she look for. first time leasing something. What would be the most important provision to watch out for and what should they be to protect the tenant. A details and complete that address unknown matter or not asked under this question will be awarded $3.00. Thanks many

 

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State/Country relating to question: Texas

Submitted: 324 days and 12 hours ago.
Category: Business Law
Value: $25
Status: CLOSED
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Expert:  Law Pro replied324 days and 12 hours ago.

Do you have a copy of the lease?

Customer replied324 days and 12 hours ago.

I do in PDF format

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Expert:  Law Pro replied324 days and 12 hours ago.

Can you post it here?

Customer replied324 days and 11 hours ago.

Attachment: 2012-06-28_213337_4to9.pdf

Attachment: 2012-06-28_213443_1to4.pdf

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Expert:  Law Pro replied324 days and 11 hours ago.

OK, I got those attachments.

However, my next question is - how negotiable do you think the landlord is to modify or change the lease?

Usually, unless the property is less than 50% full, a landlord is not willing to make changes to the lease or it's clauses - it's a take it or leave it situation.

Customer replied324 days and 8 hours ago.

hold on

Customer replied324 days and 4 hours ago.

did u read the contract. what do u think. yes landlord is willing to negotiate

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Expert:  Law Pro replied323 days and 23 hours ago.

What do you want to change?

Customer replied322 days and 12 hours ago.

i just want if the contract is providing reasonable protection to the tenant.


If the contract has any vague, incomplete, or omit anything that should be reasonable be provide for.


I just want to have a general template of all the terms that should be include.

Accepted Answer

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Expert:  Law Pro replied322 days and 12 hours ago.

Here is a list of issues that are in commercial leases -that she should make certain of:

  • CLAUSE #1 - basic identification information such as Lessor (owner), Lessee (tenant), leased premise address, square footage of unit with accompanying drawings depicting the space.
  • CLAUSE #2 - term of lease with start and end dates. There will also be details of any free-rent or reduced-rent time given.
  • CLAUSE #3 - use of space including any restrictions. A tenant friendly lease may simply have the term listed as "Lessee has the full right to operate a ________ store or any other type of store permitted by law and not specifically restricted in writing by the lessor".
  • CLAUSE #4 - options to renew
  • CLAUSE #5 - lessor's repair and maintenance obligations.
  • CLAUSE #6 - lessee's repair and maintenance obligations.
  • CLAUSE #7 - common area definition. Common areas are those areas and facilities which may be furnished by Lessor or others in or near the space for the non-exclusive general common use.
  • CLAUSE #8 - common area maintenance charges
  • CLAUSE #8 - real estate tax charges
  • CLAUSE #9 - attorney fees obligations in the event of disagreements.
  • CLAUSE #1O - ordinance and statutes compliance
  • CLAUSE #11 - assignment and subleasing rights. A tenant friendly clause may read "Lessee shall have the full right to assign this lease to a subsidiary or other organization in which lessee is a majority owner. Lessee shall have the right to assign this Lease in the event of going public or the sale or trade of Lessee's business. Lessee shall also have the full right to sublease the leased premises as long as the Sublease use does not conflict with any exclusive that Lessor has granted and given Lessee written notice thereof".
  • CLAUSE #12 - utility obligations
  • CLAUSE #13 - entry and inspection notices
  • CLAUSE #14 - possession time-line and any late delivery terms
  • CLAUSE #15 - indemnification of lessor
  • CLAUSE #16 - insurance responsibilities
  • CLAUSE #17 - eminent domain
  • CLAUSE #18 - destruction of premises
  • CLAUSE #19 - lessor's remedies on default. A tenant friendly clause may read "Upon Lessor's default, Lessee shall have the right to cancel the Lease with 39 days prior written notice."
  • CLAUSE #20 - security deposit
  • CLAUSE #21 - explanation of how notice to either party is to be given
  • CLAUSE #22 - succession rights
  • CLAUSE #23 - subordination
  • ADDITIONAL TERMS AND CONDITIONS - if applicable
  • SIGNATURE BLOCKS for both Lessor and Lessee.
  • NOTARY BLOCK - if applicable

 

That's from Rocket Lawyer.

 

 

The problem I have is - that I don't know your aunt's business or the local business climate or other competing locations - I don't know the market. That there is nothing special or outrageous within the lease you sent - it seems standard enough.

 

I don't know how much the landlord is willing to negotiate if at all.

 

I don't know if the landlord is hurting for tenants.

 

The lease isn't particularly bias towards the landlord and against the tenant that you sent. In fact, it's a usual and customary lease.

 

 

 

 

 

Please - rate me with 3 happy faces or more for my answer! Thanks!!

 

 

 

Expert TypeAttorney
Category: Business Law
Pos. Feedback: 97.8 %
Accepts: 1229
Answered: 6/30/2012

Experience: 20 years experience in business law - sole proprietor, partnership, and corporations

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