Review Building Lease in Texas for Real Estate Business
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Building Lease
Texas
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Real Estate
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Building Lease
Arizona
Can a landlord increase the rent on a commercial building lease without providing notice or justification?
I have been leasing a commercial building for my business for the past three years, and recently, my landlord informed me of a significant increase in the monthly rent. However, there was no prior notice or explanation given for this sudden increase, and I am concerned about the legality of such action. I want to know if the landlord has the right to raise the rent without providing any notice or justification, and what options I have to address this issue if it is indeed unfair or unlawful.
David U.
In a vacuum, a landlord should not have a unilateral right to raise rent. A landlord may have the right to raise rents periodically, pursuant to the lease document. It is very much a contract issue. It depends on the exact wording of the lease agreement. The lease agreement will also detail the requirements for valid notification concerning the agreement. My experience over 25 years of practice is that most building lease agreements expressly provide for base rent to increase each year. A court will enforce most reasonable rental, escalation, clauses, and lease agreements. If there is no obvious language in the lease, the question becomes whether rental increase is implied under the wording of the document or an amendment to it. At the risk of being repetitive, it depends on what the lease says, if anything at all.
Building Lease
Texas
What are 'common areas' in a building lease?
I am a tenant in a commercial building and I am currently in the process of negotiating a lease for my business. I am unfamiliar with the terminology used in the lease agreement and I wanted to gain a better understanding of what is meant by “common areas” as it is mentioned in the document. I want to ensure that I am fully aware of my rights and responsibilities as a tenant of the building.
Darryl S.
Common areas - Areas of the property that are for the use of all tenants, such as lobbies, hallways, parking lots, courtyards, etc. The lease usually specifies that these areas are maintained by the landlord. The lease should clearly define common areas and provide details on the use and maintenance of these facilities.