Landlords always write leases for their own benefit. Fortunately, because commercial leases differ vastly from the sort of cookie-cutter restrictions that residential landlords impose, there’s no reason to avoid pushing back on some of the less-agreeable clauses in your commercial lease.
Not all terms on a lease may be favorable, but you can at least protect yourself and your business from being taken advantage of by engaging an experienced real estate attorney to review your commercial lease.
Texas Commercial Leases and Landlords FAQ
Check out the below FAQs to get a sense of some of the main questions our clients have. Then, reach out to a commercial real estate attorney with The Curry Law Firm to get your questions answered.
Is it possible to get out of a lease early?
It’s vital to always check the termination clause in your lease before considering ending your lease early. In most cases, you’ll likely be on the hook for the remaining balance of your lease. This means that if you try to vacate a twelve-month lease after just nine months, you could be stuck paying the difference. Negotiate for a shorter lease, or go over the language with an attorney if you foresee the need to end a lease ahead of time.
Can you sign a commercial lease under your own name?
If your business has more than a sole proprietorship corporate structure—for example, an LLC—then you should sign the lease in the name of your business, and not your own name. Sole proprietors must sign the lease under their own names.
Is it possible to negotiate for better terms in a commercial lease?
Yes. Although many folks used to signing residential leases aren’t aware or able to do this, commercial leases are fundamentally different. As such, they reflect an understanding between the tenant and landlord, and the tenant doesn’t have to accept terms they deem unfavorable. However, any changes must be agreed upon and detailed in writing to become enforceable and legally binding.
What points are commonly negotiated in commercial leases?
Some of the most common changes that tenants request made to commercial contracts are:
What happens if I have a dispute with my landlord?
Review the terms of your lease to see how to proceed with the dispute. There could be consequences for disputes or noncompliance with the terms of the lease. For example, a landlord is able to lock you out of the property for nonpayment of rent.
Commercial leases can be tricky, but an experienced attorney with our firm can help you and your business secure the best terms possible for your next commercial property—freeing you up to focus on growing your business.