Commercial Real Estate
Commercial Building Lease
Florida
What's permitted use in a commercial lease?
I am in the process of negotiating a commercial lease for my business and I am interested in understanding the concept of "permitted use." Specifically, I am curious about what activities are allowed in the leased space and what limitations there may be. I would like to consult with a lawyer to ensure that the terms of the lease align with the needs of my business and that I am not at risk of violating any provisions.
Answers from 1 Lawyer
Answer
Commercial Real Estate
Florida
Diane D.
ContractsCounsel verified
Permitted use means that you can only use it for the reason you rented it. For example, you cannot rent a place to use as a gym but then use it for a nightclub.
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Commercial Building Lease
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What's CAM charge in a commercial lease?
I am currently negotiating a commercial lease for a property where I plan to operate my business. As part of the negotiation process, the landlord has mentioned the concept of a CAM (Common Area Maintenance) charge, which I am unfamiliar with. I would like to seek the advice of a lawyer to better understand what a CAM charge is, what it covers, and what my responsibilities as a tenant would be in relation to this charge.
Paul S.
CAM charges are for common area maintenance. For example, in an office building, CAM charges are for maintaining the lobby, elevators, corridors, and outside areas (such as the parking lot). If you are looking at renting a space, the landlord should be able to provide you with CAM numbers for that space for the past several years, so you know what to expect.
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Purchase Agreement
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Are purchase agreements confidential?
I recently made an offer to purchase a commercial property and the seller has asked me to sign a purchase agreement. I am unfamiliar with the terms of the agreement and want to make sure that it is kept confidential. I am concerned about the potential for the details of the purchase agreement to be publicly disclosed and want to know if purchase agreements are confidential.
Merry K.
I hope that you used the assistance of a WA State commercial real estate attorney to advise you in the writing and presentation of your offer to purchase a commercial property, as these can be extremely complicated. (Or, at the very least, I hope you were represented by an experienced and knowledgeable buyer's agent). To my knowledge, this type of PSA agreement is not required to be confidential unless you included that language in your offer. Please be aware that once the sale closes, the amount of the purchase price will be public information, in county records.
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Addendum to Lease
Washington
Can a landlord add an addendum to a lease without the consent of the tenant?
I recently signed a lease for a commercial property, and now the landlord wants to add an addendum to the lease that includes additional fees and requirements that were not part of our original agreement. I believe that the addendum is unfair and would put an excessive burden on my business. However, the landlord claims that they have the right to make changes to the lease without my consent. I would like to know if the landlord can legally add an addendum to the lease without my agreement, and what options I have to protect my rights as a tenant in this situation.
Merry K.
Generally speaking, one party to any sort of contract cannot amend any sort of contract unilaterally…however, review your lease very carefully to see if you granted the landlord any such rights when you signed your contract—for example, that the landlord could increase the rent if his property taxes or insurance increases.
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Construction Agreement
Texas
Can a construction contractor terminate a construction agreement without cause?
I recently entered into a construction agreement with a contractor to renovate my commercial property. However, the contractor has been consistently behind schedule and the quality of work has been subpar. I am concerned about the progress of the project and the contractor's ability to complete it satisfactorily. I would like to know if the contractor has the right to terminate the construction agreement without cause, or if I have any legal recourse to hold them accountable for their performance and potentially terminate the agreement myself.
Lorraine C.
That situation sounds frustrating, to be sure. The termination rights of both parties should have been clearly defined in the construction agreement. It would be best for you to have an experienced transactional attorney review the contract terms and discuss the issues you are having so that you can receive advice specific to your situation. Regardless, I highly recommend that you document any quality of work or performance issues in writing and with pictures, if applicable. That way, if you do decide to terminate the contract later (with an attorney's guidance), you will have the proof you may need to support your claim.
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Commercial Lease
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How is the rent determined in a commercial lease agreement?
I am a small business owner looking to rent a space for my business. I am currently in negotiations with the landlord of a commercial property and we are discussing the terms of the lease agreement. We have reached a point where we need to discuss the rent and how it will be determined. I need to understand more about how rent is determined in commercial leases so that I can negotiate a fair and reasonable agreement.
N'kia N.
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