Home Legal Chats Real Estate Can you help me negotiate my commercial lease renewal?

Can you help me negotiate my commercial lease renewal?

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Dolan W.
Attorney
5.0 (318)
10 Yrs Experience
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Customer:
Asked on Nov 21, 2024

Can you help me negotiate my commercial lease renewal?

I need help negotiating my commercial lease renewal. I have a bakery and have 3 months until my lease expires/renews. My landlord wants to increase rent and I am not sure I can afford it. Can you help?

Lawyer Dolan W.
5.0 (318)
Lawyer:
Answered on Nov 21, 2024

Hello ********, and thank you for reaching out! My name is Dolan, and I’d be happy to help with this. I carefully review each question and provide responses based on my years of hands-on experience as a lawyer.
Negotiating a commercial lease can be a challenge, but with the right strategy, it’s often possible to secure more favorable terms. To provide you with the best advice, I’ll need a bit more information:
1. How much is the landlord proposing to increase the rent, and how does it compare to what you’re currently paying?
2. Are there any additional lease terms you’re looking to negotiate, such as the length of the lease or maintenance responsibilities?
3. Have you had any prior discussions with the landlord about your concerns?
With this context, I can guide you on strategies for negotiation and ensure you approach this in the most effective way.

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Customer:
Asked on Nov 21, 2024

Hi Dolan, thank you for responding.
1. My current rent is $2,500/month. The landlord wants to increase it to $3,200. That’s a big jump for me.
2. I’m also hoping to negotiate a shorter lease term this time, maybe two years instead of five.
3. I haven’t talked to the landlord yet because I’m worried they might not be open to negotiation.

oh, and one more thing.

The landlord is also asking for an increase in my share of CAM fees. That wasn’t part of the original lease.

Lawyer Dolan W.
5.0 (318)
Lawyer:
Answered on Nov 21, 2024

Thank you for those details! Based on what you’ve shared, it sounds like there’s room to negotiate. Let me address your concerns one by one:
1. Rent Increase: A jump from $2,500 to $3,200 is significant, especially given the current economic environment. Landlords often propose higher increases than they expect to get, leaving room for negotiation. You could counter with a smaller increase—perhaps $2,700–$2,800—and justify it with your business’s current financial situation.
2. Lease Term: A shorter lease term is a reasonable request, especially if you’re uncertain about long-term business prospects. Landlords may prefer longer terms for stability, but emphasizing your willingness to renew incrementally could work in your favor.
3. CAM Fees: If these fees weren’t in your original lease, you could argue against their inclusion unless there’s a clear explanation and documentation supporting the increase. CAM fees should be outlined in the lease terms, so let’s review the original agreement to confirm their scope.
Would you like assistance drafting a counterproposal to present to the landlord? Also, do you happen to have a copy of your current lease for us to review?

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Customer:
Asked on Nov 21, 2024

Yes, I can upload the lease for you to review.

I want to make sure I’m on solid ground before I respond to the landlord.
and honestly, I’m not great at negotiating. That’s part of why I’m asking for help.

Lawyer Dolan W.
5.0 (318)
Lawyer:
Answered on Nov 21, 2024

That’s completely understandable, and you’re taking the right step by seeking advice. I can help you craft a counterproposal that’s professional and persuasive. Reviewing the lease will also give us a clearer picture of your rights and obligations.
Here’s what I suggest we do next:
1. Upload your current lease, and I’ll analyze its terms, especially regarding rent adjustments, CAM fees, and renewal options.
2. Based on the review, I’ll draft a counterproposal that outlines your preferred terms and provides reasons for your requests.
3. If necessary, I can guide you on how to approach the landlord or even assist in direct negotiations.
When you’re ready, upload the lease, and we’ll get started.

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Customer:
Asked on Nov 21, 2024

okay, I’ll upload it now.
Just one sec.

[FILE UPLOAD]

I just uploaded the lease. Can you confirm you got it?

Lawyer Dolan W.
5.0 (318)
Lawyer:
Answered on Nov 21, 2024

Yes, I’ve received the lease—thank you!
I’ll start by reviewing the terms and looking for anything relevant to your rent, CAM fees, and lease renewal options. This will take a bit of time, but I’ll get back to you within the next couple of hours with my initial findings.

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Customer:
Asked on Nov 21, 2024

Thanks, I really appreciate it.

Lawyer Dolan W.
5.0 (318)
Lawyer:
Answered on Nov 21, 2024

Hi again! I’ve finished reviewing your lease, and here’s what I found:
1. Rent Increases: Your lease does not specify automatic rent increases upon renewal, meaning the landlord’s proposed $3,200 is negotiable. There’s no binding obligation for you to accept this amount.
2. CAM Fees: Your original lease does not include any provision for sharing CAM fees. This new request may be outside the scope of your agreement unless the lease explicitly allows for amendments during renewal.
3. Renewal Terms: Your lease allows for renewal discussions but doesn’t lock you into a specific term length. This gives you leverage to propose a two-year term.
4. Leverage Points: The building’s vacancy rate, your good payment history, or challenges in finding another tenant for your space could all work in your favor during negotiations.
Would you like me to draft a counterproposal for you that addresses these points?

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Customer:
Asked on Nov 21, 2024

Yes, that sounds great. I think the biggest thing for me is keeping the rent increase reasonable.

also, do you think I should push back on the CAM fees? or would that annoy the landlord?

Lawyer Dolan W.
5.0 (318)
Lawyer:
Answered on Nov 21, 2024

Great questions. I’d recommend pushing back on the CAM fees, but in a way that frames your response as a clarification rather than outright rejection. For example, you could say something like:
"I noticed the inclusion of CAM fees in the renewal proposal. This wasn’t part of our original lease agreement, and I’d like to better understand the rationale behind this addition."
This keeps the conversation professional and focused on facts rather than emotions. If the landlord doesn’t provide a clear justification, you can stand firm on not accepting those fees.
For the rent increase, I’ll include a reasonable counterproposal that aligns with your financial situation while still showing goodwill toward continuing the lease.

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Customer:
Asked on Nov 21, 2024

That makes sense. I think I can approach it that way.
How soon can you have the counterproposal ready?

Lawyer Dolan W.
5.0 (318)
Lawyer:
Answered on Nov 21, 2024

I can draft the counterproposal within the next business day. It will include:
1. A counteroffer for rent, proposing $2,800/month instead of $3,200.
2. A request for a two-year lease term, explaining your business’s current uncertainties.
3. A response to the CAM fees, seeking clarification and justification while maintaining your position.
Does this sound good to you?

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Customer:
Asked on Nov 21, 2024

Yes, that’s perfect.

thanks for the help

Lawyer Dolan W.
5.0 (318)
Lawyer:
Answered on Nov 21, 2024

You’re very welcome! I’ll get started on the draft and send it to you tomorrow for your review.
In the meantime, if you have any additional information or concerns, feel free to let me know.

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Customer:
Asked on Nov 21, 2024

Just read it.
It looks really good to me.
Let’s go ahead and send it to the landlord.

Lawyer Dolan W.
5.0 (318)
Lawyer:
Answered on Nov 21, 2024

Excellent. I’ll format the final version and recommend sending it via email and certified mail to ensure there’s a record.
Once it’s sent, we’ll wait for the landlord’s response and adjust our approach if necessary.

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Customer:
Asked on Nov 21, 2024

Okay, sounds good.
Do you think they’ll push back?

Lawyer Dolan W.
5.0 (318)
Lawyer:
Answered on Nov 21, 2024

It’s possible, but your counterproposal is reasonable and supported by solid points. Landlords typically appreciate tenants who approach negotiations professionally, so this should set the right tone.
If they push back, we can revisit specific points and find middle ground where needed.

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Customer:
Asked on Nov 21, 2024

alright, fingers crossed they agree.

Lawyer Dolan W.
5.0 (318)
Lawyer:
Answered on Nov 21, 2024

Good news! The landlord has responded to your counterproposal.
They’ve agreed to reduce the rent increase to $2,850/month and have approved the two-year lease term. They’ve also withdrawn the CAM fees request after our clarification.

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Customer:
Asked on Nov 21, 2024

That’s amazing!
I’m so relieved they were willing to compromise.
thank you so much, Dolan. I couldn’t have done this without your help.

Lawyer Dolan W.
5.0 (318)
Lawyer:
Answered on Nov 21, 2024

I’m thrilled we achieved such a positive outcome for you! It’s been a pleasure assisting you.

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Dolan W.
Attorney
5.0 (318)
10 Yrs Experience
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Dolan W.

Attorney
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San Diego, California
10 Yrs Experience
Licensed in CA
Purdue Law School

You need a lawyer who's more than just knowledgeable – you need someone who's on your side. That's where I come in. I'll be there every step of the way, offering clear communication and proactive solutions. Whether you're starting a business or navigating a complex legal matter, I'll help you make informed decisions and achieve your goals. I also have drafted many templates to save you money. Just use this link - https://www.contractscounsel.com/client/lawyer-profile/3764#Templates Why Choose Me? I put you first I'm proactive I'm efficient I'm accessible

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