San Diego Commercial Tenancy Lawyer
Helping Clients with Commercial Tenancy Matters in San Diego
If you need legal assistance with a commercial tenancy matter as a commercial tenant, lessor, owner, or property manager in San Diego you should consult a qualified business Lawyer. Commercial Landlord-Tenant Law is very different from its Residential cousin. Many rights taken for granted by a residential tenant simply do not exist for a commercial tenant.
Differences Between Residential and Commercial Leases:
- Contrary to general assumption, there is no single “standard” commercial lease.
- Some commercial leases stipulate that you will lose your lease if you sublease to anyone.
- In a commercial lease, there is no implied right of habitability.
- In a commercial lease, there is no statutory right to “repair and deduct” for property defects.
- In a commercial lease, there are no foreclosures protections (i.e. “grace period” to vacate).
- In a commercial lease, the 60 day notice to quit rule after 1-year in a mo-to-mo tenancy does not apply.
- In a commercial lease, there is no limit to the amount of security deposit charged.
- In a commercial lease, there are mo privacy protections on the landlord “not to enter the leased space.”
- In a commercial lease, there are not penalties for turning off utilities or changing locks as in residential.
- In a commercial lease, many common maintenance responsibilities are the Tenant’s responsibility.
There are dozens more! Having a Commercial Tenancy Lawyer draft or review your documents is critically important. Valerie Kramer is expert at contract and lease review and drafting and can provide competent and experienced legal advice and representation in any matter involving commercial tenancy law. Many differences exist between these two types of leases which commercial tenants and landlords should understand.
In Commercial Tenancy Matters – Legal Oversight Matters!
In matters relating to commercial tenancy, in general, the courts will uphold the terms of a commercial lease in any legal proceeding, even in cases where it may appear to be unfair to the tenant. The real and implied protections inherent in a residential lease are not available to commercial tenants as commercial tenants are not viewed as “uninformed and vulnerable.” In fact, in the court’s viewpoint: Any business person entering into a commercial lease agreement should have the business acumen and experience to fully understand the contract or that business person would obviously consult a legal professional who does understand the lease – and that is why the courts and statutory laws do not exist to the degree as for residential leases.
When your business is going to be legally and contractually bound by a commercial lease often for 1, 3, 5 or more years at a time, it is vital that you thoroughly understand your rights and obligations in signing and agreeing to that commercial lease. If you are a commercial property owner or tenant and you have a question or concerns please make an appointment. Likewise, if you find yourself in a dispute over a commercial lease, you should also make an appointment to get your questions, concerns and legal options fully explained to you by experienced, San Diego Commercial Tenancy Attorney, Valerie Kramer, Esq. who can assist you.
Business Attorney Valerie Kramer understands that investing some time in getting your business contracts in order, handling common legal transactions, or negotiating a lease should be cost-effective.
Valerie Kramer is also a Real Estate Attorney and helps Property Owners, Buyers & Sellers, Real Estate Brokers, Commercial Tenants and others involved in everyday real estate transactions and disputes. Valeries’s clients get maximum value for every penny spent, without padded hours for unnecessary “additional services.”
Call me personally – (619) 259-5030
– Let’s talk through your issue or opportunity.
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