Business Law Blog

Six Reasons An Attorney Should Review Your Commercial Lease

Posted by Amanda Butler Schley | Jan 21, 2020 | 0 Comments

Reason #1: Your business will get better terms. Leases are landlord-favored but should still be commercially reasonable. Do you know what is commercially reasonable? Attorneys who review hundreds of commercial lease forms know what is reasonable and what is overreaching by the Landlord. An attorney will generally be able to negotiate much better terms overall than a commercial tenant. 

Reason #2: For accuracy. Commercial leases can be voluminous, sometime exceeding 50 pages. If you do not have experience in reviewing commercial leases, you will eat up days of time in review, ofen focused on provisions that aren't even meaningful. We can review most leases in 4 hours, and turn around comments quickly to your Landlord.

Reason #3: CAM.  What should be CAM and what shouldn't be CAM? How do you prevent the Landlord from sneaking in charges and how do you ensure you aren't being overcharged?

Reason #4 Personal Guarantees.  If you've already agreed to a personal guarantee in your Leter of Intent (LOI), then you are probably stuck giving one. Since you will be personally liable for amounts owed under your commercial lease, the stakes are even higher. We ensure you are getting a fair shake under the Lease and the personal guarantee.

Reason #5: SNDA. A Subordination, Non-Disturbance and Attornment Agreement is critical to protect the Tenant's rights in the event of a foreclosure by the Landlord's lender. If you don't know the ins and outs of obtaining a non-disturbance and attornment agreement, you need an attorney. This is particularly true if you are investing tens of thousands of dollars of improvements into the leased premises.

Reason #6: Landlords like lawyers.  Having a lawyer shows your Landllord that you are business savvy - which indicates that your business has better chance of succeeding.

If you have a signed Letter of Intent and need an attorney to review the Landlord's form, contact us today. Our lease review cost ranges from $750-$1,500, typically less than one month's rent. Your lease term could be as long as 20 years, so a small investment on the front end ensures years of success and peace of mind.

About the Author

Amanda Butler Schley

Ranked as a Top Rated Business and Commercial Attorney, I have more than a decade of experience representing boutique hotels, family-owned businesses, privately owned restaurants, breweries, artists, executives and entrepreneurs.

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Who We Are

Business Law Group is a boutique business services law firm in New Orleans, Louisiana. Our focus is on understanding the legal pitfalls of your business and industry, as well as the secrets to maximizing your legal leverage at every opportunity and in every negotiation. We work selectively with clients that aren't ready for the overhead expense of an in-house general counsel, but understand the advantages of having a trusted legal advisor on their team. Amanda Butler has been ranked as a Louisiana SuperLawyer, New Orleans Top Lawyer, Best Lawyers, and in Leaders of Law.

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