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Decipher a commercial lease in El Paso

2/12/2012

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The  lease that you and your landlord sign defines your legal  relationship. Your lease will be one of the most important legal documents you  will ever  have.  

What  does the lease do?
It contractually binds you to the terms.  More specifically:The lease is a contract in which:  You agree to pay  rent for a certain period of time.  You agree to abide by other  conditions.  Your landlord agrees to let your business occupy the space for a set amount of time.  Your landlord may agree to physically alter the  space to fit your business



Usually the Commercial Tenantwill start the search for a space.
Typically, a business owner starts the process by spotting a space available in a desirable area. Instead of seeking the advice of a Tenant Rep. the business  owner contacts the leasing broker listed on the property. Unfortunately, many  business owners do not realize that the listing agent has a fiduciary  responsibility to represent the landlord.



The landlord process.
Typically, you'll be working with a lease form  that's been written by the landlord’s agent or the landlord's lawyer. You  can be sure that neither one of them will be looking out for your best  legal  interests. In order to avoid being raked over the coals, you need to  retain your own Tenant Rep. to learn about the terms of the lease.

 
 There are no standard leases.
Contrary to what a landlord may  have you believe, there is no such thing as a state promulgated "standard"  commercial lease. Any commercial lease can be modified. An experienced Tenant  Rep. will help negotiate the best terms for you and not the landlord. He/she is  trained to find comparable properties and provide you with an analysis of rent  cost in your area. Your Tenant Rep.’s knowledge of lease clauses and the market  will determine the success of the lease negotiation.  The landlord is only  limited to make concession  subject to his current ender and  insurance obligations.


Your lawyer will help decipher the meaning of lease clauses.
Leases are  full of legalese. Lawyers often dress up lease clauses in dense legal verbiage  or burden them with mile-long sentences. Your Tenant rep. will recommend real  estate attorneys in your area experienced in lease negotiations.

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