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Types of Lawyers You Want for a Commercial Lease Review

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Real estate attorneys typically handle commercial lease reviews. As a result, they are well-versed in landlord-tenant law. They can help you identify clauses that may contain poor wording or be unacceptable for your business.

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Commercial real estate lawyers can advise on what business type would best suit your needs and even review the lease form to ensure it contains all of the necessary clauses for your operation.

Landlords may try to slip clauses into a commercial lease agreement that are aimed in their favor, not yours. For example, some landlords will even include clauses that allow them to cancel a lease if economic conditions change.

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Tenants might not notice these additions, but lawyers usually point out this issue during lease review and advise you on how to negotiate it. A real estate attorney is someone who knows landlord-tenant law, which is why they're one of the best types of lawyers for leasing space and reviewing commercial leases.

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Here is an article about finding lawyers to review or negotiate your commercial lease.

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How Does a Commercial Lease Review Work?

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During a commercial lease review, a lawyer reviews your lease agreement to ensure it is in your best interest. This can be important because if any clauses are worded poorly, it could put you in an unusually high-risk position.

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You should have a lawyer for lease agreements so they can look over the contract before you sign on the dotted line. They will help you identify clauses that might risk your particular type of business.

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Depending on how long the landlord has been negotiating commercial leases, they can take anywhere from ten days to three months or longer to complete. Contact a business real estate attorney today if you need assistance finding affordable office space or negotiating a commercial lease form.

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Here is an article that reviews how a commercial lease agreement works.

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Each State is Different.

Contracts are generally governed by common law and state law. Each state has precedent and case law to what extent a certain event might invoke a force majeure clause. For example, in Texas, a party invoking this clause is under no obligation to try to mitigate its failure to perform to overcome the act that triggered the clause. To put it another way, a small business need not try to “fix” their business model to accommodate a catastrophic event. The opposite is true in New York where the breaching party must show an attempt to perform under the contract in spite of the event.

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Erroneously invoking force majeure clauses.

If a court finds that a party erroneously invoked a force majeure clause and ceased performing under the contract that party might be in breach and subject to money damages or specific performance. Caution and counsel are advised.

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Caution is also advised for the non-breaching party in seeking a judicial remedy. In these times of uncertainty, many small businesses might be forced to close their doors permanently, making them effectively judgment-proof. Even if the winning party is correct that their counterpart erroneously invoked this clause, an order awarding monetary relief might only be worth as much as the paper it’s printed on.

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Conclusion

The law is evolving, but at present it appears that a business claiming that COVID-19 falls under a force majeure clause will likely have a strong argument based on precedent and case law because of the unforeseen nature of event. Nevertheless, whether there was an attempt to continue to perform under the contract (such as conducting work remotely) and whether that is even a requirement under the contract must be evaluated on a case-by-case basis.

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​The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

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Why use ContractsCounsel for your legal contract needs?

ContractsCounsel is an online marketplace that allows you to receive multiple proposals from vetted lawyers to review and compare for your projects. We make it easy to get quotes and manage your projects using our technology. There are no upfront fees and it is free to post a project.

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