Real Estate Lease Review Attorney

A real estate lease is a legal document that covers the rights, responsibilities, and obligations of the parties involved. Signing a contract will create a legally binding agreement between you and the tenant for many, many years. This is a significant and often long-term commitment that deserves an expert eye and detailed review.

The lease agreement transactions that go smoothly don’t cause any notoriety; all the parties are happy in the end. The problem is when transactions go wrong. The main question in the case of a complex transaction becomes, will yours be the side exposed to the most liability? We want to do everything in our power to protect you if a problematic legal situation does arise.

Moschetti Law Group’s experienced real estate attorneys can help you protect your interests and examine the fine print of your lease agreements. Whether you are working on a commercial lease agreement or a residential lease agreement, Moschetti Law Group has the knowledge and experience to provide the legal counsel on which you can rely. We will walk you through the traps and tricks that tenant’s attorneys rely on and transact around them. You can rest assured that you’ll be covered well into the future. Contact us today for an expert review of your lease agreements, or to draft new documents as your situation requires.

Points to consider before signing a lease

The origin of the lease

The party who made the document will almost always put their party in a more favorable situation. As the landlord, most of the time, you will be the creator. But not always. That dream tenant, the Fortune 500 company taking tens of thousands of square space, their attorney will be providing you their lease to negotiate.

One of our clients received a draft lease from a prominent tenant that had so many outs and adverse provisions in its sections, that while the tenant could rely on a 15-years of tenancy, the landlord could really only rely on a lease that was barely better month-to-month. While those stipulations may have been unenforceable, the landlord would have been disadvantaged from the start. Also, those leases would have taken away any reasonable way to refinance or sell – they were that bad. Our attorneys negotiated a lease that was ultimately favorable to both parties and promoted a positive landlord/tenant relationship.

Have there been changes in the legal code, or even in the way things work in the world, that could have a negative impact? The legal landscape changes to reflect society, so what was permissible before may not be acceptable today – and that could bite you if your lease is outdated. We represented a landlord who was unable to passthrough any of the expenses he thought he could, simply because the lease used was a form lease from the early 80s. We renegotiated on his behalf and updated the lease to be current, but this mistake from a previous attorney cost him tens of thousands of dollars over the term of the lease. Avoid such costly errors with a lease review by one of our expert real estate lawyers.

Many legal problems are caused by poorly drafted agreements by well-meaning but unqualified real estate agents. A comma in the wrong place could change the meaning of the entire provision. When it comes to rights, liabilities, and obligations, it is wise to have your contracts drafted by an attorney. A lawyer who is not only knowledgeable in real estate law pertinent to your area who is skilled in crafting a lease that protects the interests of the parties involved will make a huge difference. Trusting the contract preparation to an expert like the real estate lawyers at Moschetti Law Group gives you the confidence that all the terms of your lease will be legal, applicable, and enforceable.

Experience in real estate matters

Have you been exposed to the issues that can arise in a landlord/tenant agreement? Are these issues thoroughly addressed in the contract? Is your side represented well? Real estate is a specialized area of law. Many landlords and tenants learn by experience, but, as they now know, tuition at the School of Hard Knocks is much too high. Using an attorney with experience in not only commercial real estate, transactional law, and litigation, but also as a landlord, tenant, and broker is like having a dedicated and personal guide instead of a confusing map. An attorney with the right experience will anticipate for you what can go wrong and what can, with a little tweaking, go extremely right. Call Moschetti Law Group today for a review of your current and pending real estate transactions and let us help you tweak things to go right.

Timing and pressure

How objective are you about this specific transaction? Are there essential areas that are implied, rather than included in the contract? Have you considered what would make the transaction a deal-breaker? Are those issues addressed in the agreement? The more urgent the deal appears the sloppier and less thorough your attention to detail becomes – especially when the pressure is made more significant by large numbers at stake. Our practiced and customer-focused real estate attorneys guide you through each step of even the highest stake transactions. We provide objectivity, experience, and patient questions to ensure you’re making the most informed, strategic decisions for your specific situation. Call to schedule a no-obligation strategy session with Moschetti Law Group today.

Contract/Lease guidance from an expert real estate attorney

There are many pieces to the leasing puzzle. Our real estate attorneys will help you navigate the contract, including determining which parts are critical for your success and which are less critical. Remember, a lease is a binding, long-term agreement, and it’s in your best interest to review all the essential elements of your contract to ensure they are genuinely representing your interests.
Working with the experienced our real estate attorneys at Moschetti Law Group, you will strategize for the following elements of creating a lease and more:

  • Basic provisions
  • Possession
  • The premises and its measurement, including BOMA standards
  • Terms and options
  • Parking rights
  • Security deposits
  • Base rent and percentage rent
  • Late charges
  • Holdover if there isn’t a renewal
  • Rental increases
  • Personal guaranties
  • Rent abatement
  • Operating expenses and rent increases – what can be passed-through and how
  • Use and whether or not it will be allowed by the municipality
  • Sign criteria
  • Tenant improvements and work letters
  • Indemnification and who has to protect whom
  • Insurance clauses
  • Repairs, maintenance, and warranties
  • Trade fixtures and what stays at the end of the lease
  • Obligations of the landlord and tenant
  • Damage and destruction
  • Assignment of the lease, subleasing, and future transfer of business
  • Breach of lease and what remedies exist for both parties
  • Estoppels, subrogation, attornment, and other complex issues
  • Options to renew

Transaction guidance from an expert real estate attorney

In addition to the lease or agreement itself, the real estate attorneys at Moschetti Law Group will also educate you on what the entire transaction should look like given your specific Agreement – from exchanging the keys to strategies for eventual renewal. The process may be complicated or involved, but it doesn’t have to be overwhelming. These are business decisions, and the right attorney will help you protect your ROI.
Here is how an experienced commercial real estate attorney will help your side of the deal:

  • We put time on your side. When managed properly, no real deal will escape due to timing issues. Deals don’t die due to small amounts of time. The ones that do die were not realistic from the beginning.
  • Ensure that your side and your interests are the ones represented. That’s the difference between just crossing your fingers versus confidence that lets you sleep well at night.
  • Understand your obligations without exposing yourself to unnecessary liabilities.
  • Avoid future lawsuits over misunderstandings, errors, or omissions.
  • Have a second and objective pair of eyes to look over your deal and mitigate the effects of time pressures or outside stressors.
  • Foster confidence in your investment, lease agreement, and transaction.

Commercial and Residential Leases

Commercial and residential leases each come with their unique terms and conditions. Moschetti Law Group has worked with all types of leases and has experience representing both the landlord and tenant sides. We prioritize the clear understanding of party obligations in a current and legally sound lease, and smooth, coordinated transactions to preserve our clients’ valuable time and money.

If you are a landlord and need a lease prepared for a tenant at your commercial or residential property, trust the real estate attorneys at the Moschetti Law Group to represent your interests to the fullest. Set up a free, no-obligation strategy session by clicking here. Or call us at 888-585-3899.

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