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socallegalwork, Lawyer
Category: Real Estate Law
Satisfied Customers: 104
Experience:  Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.
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Need to prepare a commercial lease? for residential property

Customer Question

Need to prepare a commercial lease? for residential property that is in a commercial zone (C3) where tenant wishes to conduct a 501C nonprofit marijuana delivery business.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  socallegalwork replied 2 months ago.

Hello. I may be able to assist.

Are you asking if you need to prepare a commercial- whether it is required? Or whether it is preferable?

The short answer is that you should use a commercial lease, as the terms of a commercial lease will more adequately address your needs as a landlord. In California, there are lease forms from A.I.R. that i would recommend you look at as an example of the types of provisions you might need.

Will the tenant also be residing at the premises? If so, for example, if he is going to be living upstairs and conducting the business downstairs, then you should consider two leases- a residential lease to address the space used for residential purposes and a commercial lease for the space being used for commercial purposes. Or combine the necessary elements of both types of leases into one lease for the whole space.

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