Recent Answers to Building Lease Law Questions

Michelle M.

Answered Mar 3, 2025

The answer to your question is contained in the lease. All rights and obligations of parties to a commercial lease are controlled by and provided for within the lease. If your lease provides for early termination by the landlord, then the landlord can exercise that option. If it doesn't provide for early termination and you are in compliance with the lease, then they can't terminate early (at least not without your consent). You should retain a local attorney who can review the lease and provide advice concerning your specific situation. Best of luck!

David U.

Answered Aug 13, 2024

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.

Alexis L.

Answered Dec 15, 2023

Whether you are allowed pets or not would be dependent on the actual language in the lease. One would have to review the entirety of the lease and lease provisions to answer for sure. Certain lease provisions will address if pets are allowed or not.

Linda W.

Answered Dec 8, 2023

If the lease does not indicate in writing that it is assignable, without any legal implications, you would need the permission of the landlord/owner. And if agreeable, then they would need to be an assignment of lease.

David B.

Answered Dec 6, 2023

I'd be happy to help with this. Normally, leases are freely transferable (by the landlord and the tenant) if the lease does not mention assignability and/or subleasing. However, the landlord and tenant are free to agree to limits to assignability/subleasing in the lease and such limits are enforceable against both parties. Landlords typically want to know a lot about any potential tenant, so the right to assign or sublease is substantially curtailed in most leases. Often, the landlord will reserve the absolute right to approve a new tenant (meaning such approval can be withheld for any or no reason). Tenants are often bargaining from a seriously disadvantaged position. Not only does the lease limit the ability to assign but the tenant is typically in tight economic circumstances. On the other hand, the landlord typically wants the premises filled with a rent-paying tenant. I've negotiated subleases from both perspectives and am confident I can guide you to a mutuallt beneficial resolution to this matter.

Darryl S.

Answered Dec 5, 2023

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.