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What should I look for in a commercial lease?

While most commercial leases are standard, you should still be careful about what you sign. The fine print matters, and every clause is important! For example, you may find yourself locked i...

Beware the Continuous Operation Leasing Clause

Leasing requires more than just a good eye for location. Your professional duties require you to provide competent services. This means you must understand the legal implications of standard...

Overview of Commercial Lease

Overview of Commercial Lease   What is this document? A Commercial Lease is an agreement where a commercial tenant agrees to rent property from a commercial landlord for a specified fee,...

Blog Bite: Overholding Clauses vs Surrender Clauses in a Commercial Lease

In AIM Health Group Inc. v 40 Finchgate Limited Partnership (2012) ONCA 795, the landlord ("Finchgate"), entered into a 5 year lease agreement with the tenant ("AIM"). Several months prior to...

Commercial Leases & The Overholding Clause – How To Hold On To Your Space After Your Lease Term Ends

  Congratulations - you’re the proud owner of a business! One of the most important steps you will take in operating that business will be to lease out a space from which to sel...

Commercial Lease – Overview

  A commercial lease governs the terms between the tenant and landlord of a lease agreement.  Bargaining power is typically skewed towards the landlord with difficult to calculate m...

The Mistake: Tenants Need to Know About Estoppel Certificates

We all hear about the big commercial deal where millions or even billions exchanged hands. But what we don’t hear about is an unusual document that can make or break that deal. Yet, few agents not o...

Avoiding lawsuits in lease deals

Lawyers are great assets for any real estate agent or realty team. They’ll help you craft a legally acceptable arrangement, but they have their limits. They won’t help you create a good busines...

Exclusive use clauses: A classic real estate newbie mistake

It felt like I had a gun to my head. Either lease up one of the most unpopular rundown buildings in Alberta or go bust. We made a classic real estate “newbie” mistake. We bought a building base...

The dangers of the insurance clause

The most hated of lease clauses – the insurance clause – is not only frequently ignored, but is also poorly understood by almost everyone in the real estate industry. And that includes real estate...

Think like a lawyer, act like a leasing guru

Introduction You’re a professional. You’ve been trained to understand what your client needs. And you know how to find the best real estate. You and your client are excited, you sign the offers...

McDonald’s Asked to Pay Rent for Their Own Sign? Only In Times Square.

Parties to an agreement should look out for additional expenses being added upon renewal of an agreement. McDonald's (Times Square, NYC) wished to renew its lease for an additional 10 years but cou...

The Overburden of Additional Rent and Keeping Up With the Monthly Rent

Tenants to a commercial lease should consider drafting a 'rent catch-up' clause, in the event that additional rent owed increases by a drastic amount. The lease of SPoT Concord Place Cafe provided ...

From Lease to Purchase

  A lease may have an option to purchase clause. For example, a lease may have a minimum rent provision along with a payment to be held in escrow for the purchase of the property. The escrow p...

Beware When Entering Into a Lease Agreement

Before entering into a lease agreement, the tenant should negotiate the option to remove trade fixtures and leave the premises as the tenant had entered it. This article discusses the importance of...

WFOE in China and Their Role in a Commercial Lease

Depending on the circumstances of the parties involved in a commercial lease agreement, the name of the tenant on the lease can vary where a wholly foreign owned enterprise is leasing the property. ...

Piece by Piece – 5 Legal Considerations for Startups

Introduction Every startup needs a name, a location, a business structure, financing and at least one employee (or self-employed entrepreneur!). Each need involves different legal considerations. H...

Commercial Leases in the Agricultural Sector

Commercial leases involving the lease of croplands may have various options for the minimum/additional rent clause. An option a few landowners in the agriculture industry may take advantage of is f...

What Happens When Leased Equipment is Installed in a Rental Property?

What happens when leased equipment is installed in a rental property, and the tenant fails to pay the rent? The answer can depend on whether the equipment has become a ‘fixture’. The law disti...

Tips to Consider When Renewing a Commercial Lease

Parties to a commercial lease who wish to negotiate a renewal must make sure they are negotiating with the right person. For example, franchisee tenants may have to negotiate with the landlord direc...

Commercial Leases vs Residential Leases in India

Parties renewing a lease should ensure that the renewal terms are not contravening any laws within the jurisdiction where the agreement is being applied. This is an example of how a government can ...

How to Identify Harmful Clauses and Avoid Litigation

Record high numbers of people are quitting their jobs to start their own businesses. This rise in entrepreneurial pursuits is creating an opportunity for tenant-only commercial real estate leasing a...

Why You Have to Care About Exclusive Use Clauses

It felt like I had a gun to my head: either lease up one of the most unpopular rundown buildings in Alberta or go bust. We made a classic “newbie” mistake. We bought a building based ...

Why You Have to Care About Insurance Clauses

The most hated of lease clauses - the Insurance Clause - is not only frequently ignored, but also poorly understood by almost everyone in the real estate industry. And that includes real estate lawyer...

The Biggest Mistake Landlords, Tenants, and Leasing Agents Make

I’ve had the opportunity to meet with numerous agents and lawyers who specialize in commercial leasing and they’ve all say the same thing: it’s a tedious, difficult and boring job to read a full...
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