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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 99985
Experience:  Attorney
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I have a contract that I will like to be reviewed...

Customer Question

I have a contract that I will like to be reviewed...
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

If you upload it, I can take make some general observations if you would like, sure. Please upload it, and also let me know if you want me to touch base on anything in particular.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
this is the contract
Customer: replied 1 year ago.
I will like to get this reviewed to get the best deal
Expert:  Ely replied 1 year ago.

Thank you. Anything particular you want me to look for, or, just a general overview?

Customer: replied 1 year ago.
General overview and the part of the restrictions. They wrote down in the contract that I am not allowed to sale cellphones, tablets and accessories but I want to make sure that the cellphone activations are not include there because I will like to be able to perform them without prejudice.
Customer: replied 1 year ago.
how can we make sure that also we are going to be able to put the signs the way we want to?
Expert:  Ely replied 1 year ago.

I have looked. The lease looks pretty standard. The restrictions are negotiable but malls generally do not agree to lift them. If someone in your situation wishes to negotiate and attempt however, this is always possible.

Also, there is one clause that is highly recommended to be included - the mediation clause. While not obligatory, a mediation clause is recommended. This is because mediation is a lot cheaper and less costlier than litigation, and, often ends up with the parties agreeing on a settled matter. Also, mediation is much less adverse, in that the parties MEDIATE, and do not battle each other in Court. Example:

The parties herewith agree that each shall forego litigation of any dispute arising out of this agreement and the general relationship between the parties as to this contract and shall first submit the dispute to mediation, first.

The Florida Academy of Professional Mediators shall supply a mediator for whom the parties shall each pay half of the rate for the mediator’s service. In the event that an agreement is reached at the mediation as to any or all of the issues between the parties, the same may be entered as a judgment in any court having jurisdiction between the parties.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Customer: replied 1 year ago.
how can I include in the contract a part concerning the signs. The contract states that they need to be approved and what if after signing I can not place the sign that I want?
Customer: replied 1 year ago.
Where can I find the clause for early termination?
Expert:  Ely replied 1 year ago.

Tell me what you wish for the sign clause to say and I will provide sample verbiage.

Tell me what you wish for the early termination clause to say and I will provide sample verbiage.

Customer: replied 1 year ago.
If I get free months rent where this should appear in the contract?
Expert:  Ely replied 1 year ago.

While technically this could be anywhere, the best place to put this would be under #2, (RENT).

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
I will like to be able to put some signs in the windows of the premises and the main sign with the business name facing the federal hwy street.
Expert:  Ely replied 1 year ago.

There is no way to guarantee that they will agree to what you want. The best way is to make an agreement, perhaps down the middle with both sides making compromises to what they want.

EXAMPLE:

Tenant shall not place or suffer to be placed or maintained upon any exterior door, roof, or wall of the Premises any sign, awning, canopy or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the premises and will not place or maintain any free-standing standard within or upon the common area of the Property without first obtaining Landlord's express prior written consent. However, Tenant shall have the right to place one sign on the windows, description of which is the following: (size, color, content, etc). Landlord's consent may be arbitrarily withheld, it being Landlord's intention to control the appearance of the Premises and the Property. Tenant further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved by Landlord in good condition and repair at all times and to remove the same at the end of the term of this Lease as and if requested by Landlord. Upon removal thereof Tenant agrees to repair any damage to the premises caused by such installation and/or by removal.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
there is not clause for early termination? what would happen if I can't stay for the three years period?
Customer: replied 1 year ago.
where can I see my renewal options?
Expert:  Ely replied 1 year ago.

We are jumping a bit all over the place here. I am having a hard time understanding what you want, and whether you are simply asking (1) where can I find a "certain topic" in the contract, or, (2) how can I work "this" into the contract?

No, there is no clause for early termination. If you breach the contract earlier, the mall can SUE you for breach of lease of the contract.

There is no renewal clause. By common law, that means that they can end the lease once the contract runs out. If they allow the business to continue and accept rent, then the contract renews automatically for another identical time period (3 years), unless the contract states otherwise.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
How can add an early termination clause then and also a renewal clause... I will like to have the option to renew my contract after the three year period and be the first one to be consider after my contract ends
Expert:  Ely replied 1 year ago.

Generally speaking, malls will not agree to an early termination clause. They want you to stay the entire period. So honestly, this may simply be a waste of time.

Example for renewal:

33. RENEWAL RIGHT. Tenant shall have within 60 days to end of the lease term to send in a certified letter electing renewal of the tenancy for a ___ period term, under the same contract terms. Unless the (mall) denies this request in writing by ___ days before end of the lease term, the lease term shall then renew under the same contract terms a period of ___.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
ok. I still want to have an early termination clause stating that in case that I fail to stay for the three years I will agree to pay 6 months of rent and it will be the same for the other part in case that the make me leave the space before the competition of the contract.
Expert:  Ely replied 1 year ago.

Apologies for the wait, as I was away when you had replied.

"The Tenant may at any time exercise early termination of the contract notwithstanding other provisions within this contract by paying six months lump sum. If Tenant elects this option, the contract would be terminated within 30 days of of the Tenant's payment with no liability to Tenant for the early termination."

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

Customer: replied 1 year ago.
Hello Ely. I'm sorry I couldn't reply before but I am still dealing with this contract. In the part that says use of the premises and restrictions. Is there any way that we can create a clause where I am allow to do any lawful activities and not has this limited to just one activitiy?
Expert:  Ely replied 1 year ago.

Yes, of course.

Understand that the contract is negotiable. The mall may "bend" in giving the renter certain things if they want your the renter's business bad enough. Or, they may be firm and say "take it or leave it." It is up to them how much they wish to negotiate, if at all, and on which points in the contract.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
can you please help me to write a clause saying that I am allowed to do any lawful business so I can send it to them.
Expert:  Ely replied 1 year ago.

For your own privacy, the attachment of the contract was deleted. So I do not have a copy. Assuming that the restriction is in one clause only, one can simply take away that clause, and instead write "____ is allowed to engage in any lawful business on the rented premises and is not restricted to selling __."

However, the mall is unlikely to agree to this.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
USE OF PREMISES - The Premises may be used for the operation of a REPAIR FOR CELL PHONE, TABLETS ANDOTHER TECHNOLOGICAL EQUIPMENT. TENANT SHALL NOT SELL AT ANY MOMENT DURING THE TERM OF THISLEASE AT THIS LOCATION, ANY CELL PHONE, TABLET, OR ANY TYPE OF CELLULAR ACCESSORIES TO THE PUBLICOR BY INTERNET USING THIS STORE ADDRESS NOR LOCATION TO THE PUBLIC. IF TENANT FAILS TO KEEP THISRESTRICTION, LANDLORD SHALL IMMEDIATELY TERMINATE LEASE AGREEMENT WITH THENANT AND ALL LEGAL,TERMINATION OR EVICTION COSTS SHALL BE CHARGED TO PRESENT TENANT , and for no other purposeswhatsoever. Tenant shall not use or occupy, nor permit or suffer the Premises, the Property, or any part thereof to be used oroccupied for any unlawful or illegal business, use or purpose, nor in any waylaws, ordinances, requirements, orders, directives, rules or regulations.
Customer: replied 1 year ago.
This is the part that I will like to modify
Expert:  Ely replied 1 year ago.

My answer stands as is with the possible change of "renter" to "tenant" and the addition of "Use of Premises" to the beginning.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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