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How To Navigate Commercial Lease Negotiations in the Hudson Valley

 

 

As an experienced commercial real estate attorney, I understand that commercial lease negotiations play a pivotal role in securing favorable lease agreements for property owners/landlords in today’s competitive commercial real estate market.

Here are a few key insights we can help you work through:

  1. Understanding Lease Terminology: Explaining commonly used terms and clauses in commercial leases, such as base rent, common area maintenance (CAM) charges, lease duration, renewal options, and tenant improvement allowances.
  2. Assessing Property Suitability: Highlighting factors to consider when evaluating the suitability of a commercial property, including location, zoning restrictions, parking availability, accessibility, and proximity to target markets or amenities.
  3. Negotiating Lease Terms:  Defining tenant responsibilities is a vital aspect of lease negotiations. We will discuss ways to clearly outline the tenant’s obligations, such as maintenance and repairs, compliance with regulations, and adherence to property use restrictions. By establishing such clear terms, we can help mitigate future disputes.  Determining maintenance responsibilities is essential for both landlords and tenants. We can assist you in negotiating maintenance clauses to ensure fair renewal terms.  Escalation clauses address rent increases over time. We can explain different escalation methods, such as fixed percentage increases and help you negotiate favorable terms that balance the interests of both parties.
  4. Lease Documentation: Discussing the importance of thorough documentation and the key components of a comprehensive commercial lease agreement, including legal compliance, dispute resolution, insurance requirements, and assignment or subletting provisions.
  5. Lease Renewals and Modifications: Exploring options and considerations when negotiating lease renewals or modifications, including rent adjustments, expansion or downsizing possibilities, lease assignment or termination, and the impact of market conditions on renegotiations.
  6. Mitigating Risk: Addressing potential risks and liabilities associated with commercial leases, such as indemnification clauses, default and eviction procedures, property damage responsibility, and early lease termination provisions.

We hope to empower commercial property seekers with knowledge and strategies necessary to navigate lease negotiations successfully.  We understand that this is a critical aspect of commercial real estate transactions and as experienced attorneys, we are a valuable resource for you and ready to assist you in your current and upcoming projects.

This is not intended to be legal advise.  You should contact your attorney to discuss your specific situation.

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Jessica M. Mahoney  is a Partner at the firm and practices residential and commercial real estate.
She can be reached at 845-764-9656 and by email.

 

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