Negotiate the best lease for your business
Book - 2005
Saved in:
- Subjects
- Genres
- Law for laypersons
Handbooks and manuals - Published
-
Berkeley, CA :
Nolo
2005-
- Language
- English
- Corporate Author
- Corporate Author
- Other Authors
- ,
- Physical Description
- volumes : illustrations ; 23 cm
- ISBN
- 9781413328028
- Part I. Finding and Evaluating Space and Developing a Negotiation Strategy
- 1. Get Ready to Negotiate Your Commercial Lease
- There Are No "Standard" Leases
- How This Book Can Help You Negotiate a Favorable Lease
- 2. Looking for Space and Using Brokers
- How to Find Space on Your Own
- Working With a Real Estate Broker
- The Value of Hiring Your Own Broker
- How to Find a Real Estate Broker
- How to Choose a Broker
- Signing a Contract With Your Broker
- Handling Problems With Your Broker
- 3. Evaluating the Space and the Landlord
- Visiting and Evaluating Prospective Space
- Further Investigation of Promising Space
- Environmental issues to Consider When Evaluating Space
- Learning About the Landlord
- Management Companies
- Holding the Space With a Deposit
- 4. Understanding the True Size and Cost of the Rental
- How Landlords Measure Square Feet
- Additional Rent: Gross Versus Net Leases
- Percentage Rent-Sharing Income With the Landlord
- Computing the True Rental Cost
- 5. Setting the Stage to Negotiate
- How Much Clout Do You Have?
- Your Landlord's Compliance With the Executive Order on Terrorism
- Getting Past Deal Breakers
- Letter of Intent
- Finding and Paying for a Lawyer
- 6. Your Negotiation Strategy
- Your Negotiation Strategy Worksheet
- How to Use Your Negotiation Strategy Worksheet
- How Your Lawyer Can Help With Negotiations
- How to Modify the Landlord's Lease
- Part II. Common Lease Terms
- 7. Lease Basics
- Naming the Landlord and Tenant: Parties to the Lease
- Describing the Leased Space
- The Use Clause and Exclusive Clause
- 8. The Length of Your Lease
- When Do Your Legal Responsibilities Begin and End?
- The Crafty Use of "As of" [Date]
- How to Keep Track of Dates With a Timeline
- Staying After the Term Ends: Holdover Rent
- 9. Rent
- Basic Rent
- Taxes as Additional Rent
- Insurance as Additional Rent
- Operating and Common Area Maintenance Costs as Additional Rent
- Audit Rights
- 10. Security Deposits
- Where the Landlord Will Keep the Deposit
- How the Landlord Will Use the Deposit
- When the Landlord May Use the Deposit
- The Fate of the Deposit at the End of the Lease
- Letter of Credit: An Alternative to a Cash Deposit
- 11. Improvements and Alterations
- Improvements Versus Trade Fixtures
- Renting Space in a Building Under Construction
- Improvements to Your Space
- Paying for the Improvements
- The Tenant Improvement Allowance (TIA)
- The Building Standard Allowance, or "Build-Out"
- Paying a Fixed Amount for Improvements
- The Landlord Pays for All Improvements
- When Do You Start Paying Rent?
- Making Alterations During Your Tenancy
- 12. Maintenance, Utilities, and Code Compliance
- Maintenance, Repairs, and Janitorial Services
- Utilities
- Compliance With Building Codes and Other Laws
- Compliance With the Americans with Disabilities Act (ADA)
- 13. Parking, Signs, Landlord's Entry, & Security
- Parking
- Hours of Operation
- Signs
- Landlord's Right to Enter Your Rental Space
- Building Security
- 14. Option to Renew or Sublet and Other Flexibility Clauses
- Restrictions on Your Flexibility
- Option to Renew the Lease
- Option to Expand Clause
- Rights of First Refusal and First Offer
- Option to Lease Less
- The Assignment and Sublet Clause
- Termination Clause
- Option to Purchase
- 15. Insurance Clauses
- Property and Liability Insurance
- Insuring Your Trade Fixtures and Inventory
- Rental Interruption Insurance
- Business Interruption Insurance
- Leasehold Insurance
- Waivers of Subrogation Rights
- Indemnity or Hold Harmless Clause
- 16. Breaking the Lease, Disputes, and Attorney Fees
- The Landlord's Remedies If You Fail to Pay Rent or Breach Another Lease Term
- The "No Waiver" Clause
- Your Remedies If the Landlord Breaches
- Mediation and Arbitration
- Attorney Fees
- 17. Foreclosures, Condemnations, Guarantors, and Other Clauses
- Subordination and Attornment
- Estoppel Certificates
- The Condemnation Clause
- Surrender Clause
- The "Entire Agreement" Clause
- The "Severability" or "Survival" Clause
- Lease Guarantors
- Signatures
- Index