Commercial Tenancy Lawyer in Orange County
If you require legal assistance with a commercial tenancy matter as an owner, lessor, property manager, or commercial tenant you will want to call Orange County commercial tenancy lawyer Edwin Fahlen. Many people are stunned to learn just how different commercial landlord-tenant Law is from its residential landlord-tenant law. Many rights taken for granted by a residential tenant simple do not exist for a commercial tenant.
Differences Between Commercial and Residential 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 foreclosure protections (e.g. “grace period” to vacate).
- In a commercial lease, the 60-day notice to quit rule after 1-year in a month-to-month 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 no penalties for turning off utilities or changing locks as in residential.
- In a commercial lease, many common maintenance responsibilities are the Tenant’s responsibility.
Shocked? – There are dozens more! Many differences exist between these two types of leases which commercial tenants and landlords should fully understand. A typical commercial lease is 5+ years. Do you really want the next 5 years of your life and finances at risk over some printed forms?
It is critically important – to have a commercial tenancy lawyer review your lease documents — especially if you are the tenant. If you are a landlord, using a standard lease form from Staples or Office Depot is, frankly, stupid. There are so many overlooked pitfalls that we’ve seen over 27 years that a lease review for your standard lease should be a top priority. At the Law Offices of Edwin Fahlen, we can provide competent and experienced legal advice and representation in any matter involving commercial tenancy law.
In Commercial Tenancy Matters – Legal Oversight Matters!
In most commercial tenancy matters 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 implied and real protections afforded tenants in a residential lease are not available to commercial tenants. Why? Commercial tenants are not viewed as “uninformed and vulnerable” as is the typical (read: clueless) residential tenant/renter. Society and the courts assume that a business person entering into a commercial lease agreement should have the experience to read and understand contracts, —or— the business sense to consult a legal professional who does. That is why the courts and statutory laws do not exist to the degree as for residential leases.
Tenants – When your business is going to be legally and contractually bound by a commercial lease, it is vital that you thoroughly understand your rights and obligations in signing and agreeing to that commercial lease. Most landlords will insist that newer businesses, even if incorporated, will sign the lease with a “personal guarantee” from the business owner(s) so you are often going to be personally liable for 1, 5 or 10 years. When you do the math, the numbers can add up to a significant sized contract. Wisdom suggests you get your lease reviewed by an experienced commercial tenancy lawyer. There are many savvy and clever lease clause provisions that Mr. Fahlen can suggest you include or reword as you negotiate your lease page by page with your landlord.
Upshot? If you are a commercial property owner or tenant and you have a question or concern make an appointment to sit down with Edwin Fahlen to review your lease documents and how they dovetail with your goals and concerns to be protected. Similarly, 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. Call Ed Fahlen at (714) 395-5605.
Free Introductory Meeting
I encourage you to reach out to make that free introductory meeting with me by calling (714) 395-5605. There is absolutely no pressure whatsoever. Typically, people will want to sit down with a real estate lawyer to discuss their current opportunity or dilemma. I am pleased to offer this complementary legal service to residents of Orange County and beyond.
If it is late at night or inconvenient to call me, please email me using my CONTACT US form on the left side of the screen. This form comes directly to my desk. I will contact you the minute I see it.
Conveniently located in Fountain Valley
We are located off the 405 Freeway. Here is a picture of my office building and a Google Map to get your bearings.