Commercial Leases Warrant an Attorney
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Commercial Leases Warrant an Attorney

by | Mar 30, 2022 | Firm News |

 

If you’re a small business, and you have any level of success, there will come a time where you need to look at office space.  Yes, you can definitely do more remote now than ever.  However, at some point, at least some office space will become likely necessary, if only for mail or to put an employee who doesn’t have the income to have an adequate at-home office set-up.

When this time comes, you’ll need an attorney if you want to do it right.  I know what you’re thinking, you’ve probably rented residential units in the past.  This was different because the law offers a lot more protection for tenants of residential leases.  For commercial leases, Florida law assumes that you’re a sophisticated party and you understand the laws and the legalese in the lease.  To make matters worse, unlike residential leases, there isn’t a uniform commercial lease made available to the public.  That means it was drafted specifically by an attorney.  In all likelihood that attorney drafted the lease specifically to protect this landlord and maybe specifically to protect this landlord against you as the tenant.  This is why it’s always a good idea to have an attorney review any commercial lease that you sign.

Unlike residential leases that are take it or leave it deals, in most commercial leases, negotiation is expected.  In fact, often times, the landlord will first get an attorney to draft a letter of intent outlining the terms before the official lease is even drafted.  Don’t get stuck in a bad deal if you’re small business.  Likewise, if you’re a landlord renting commercial space, even if you’re just renting out one desk in your office, don’t try to draft your own lease or you might risk being accused of the unauthorized practice of law, which is an ordeal that you definitely don’t want to find yourself in.

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