Oregon Commercial Lease: Types, Key Terms To Know, Costs
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An Oregon commercial lease is a fixed contract between the property owner and the tenant clearly stating their agreement in leasing a property. Therefore, all the terms and conditions decided between the two parties concerning the property, such as rental cost, maintenance charges, commercial tax, etc., are present within the contract.
Before signing the Oregon commercial lease, there are many factors that you must consider apart from selecting the perfect location. For example, you must sign a commercial lease to use the property for business purposes.
Things to Remember Before Signing the Oregon Commercial Lease
From a legal point of view, here are the things to be done before signing the contract-
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Do a Survey Check
Once you finalize the property, it is important to conduct a survey check. For example, you must know about the water supply, if there are frequent electricity outbursts, the structure of the property, etc. In case the structure of the property is weak, you would also need to invest money in repairing the property. Conducting a survey check helps you understand the finances and determine whether or not the property is worth the rental amount.
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Verify All the Documents
There are many fraudsters in the market. Therefore, it is important to get all the documents verified, such as the property ownership papers, the legality of the property, the total square area stated in the government records, etc. Getting the documents verified helps you be safe and make an informed decision.
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Discuss the Terms and Conditions with the Opposing Party
While drafting the contract, you must thoughtfully discuss all the terms and conditions. Generally, both parties have a meeting and put their points forward. In case of a contradiction, they discuss and negotiate the terms. Once finalized, the terms are drafted within the contract and reviewed. In case of discrepancies, you can repeat the same process. Some common terms and conditions discussed are duration, rental cost, the due date of payment, maintenance cost, taxes, insurance, etc.
The first thing you must do before signing the Oregon commercial lease is consult a lawyer. A lawyer is experienced with the right skills and knowledge to help you with any legal proceedings. They play a major role in drafting the contract and saving you from legal complications.
Key Terms
- Contract Duration - Contracts are only valid for a limited period. It is known as the contract duration. In the case of a commercial lease, it is generally between three to five years.
- Rental Cost - The amount payable by the tenant to the property owner for using the property.
- Maintenance Charges - Society generally demands a certain amount for using their services, such as society lights, lifts, etc.
Conclusion
Signing a commercial lease contract is compulsory for tenants in Oregon to conduct any form of business in the rental property. Since a contract is a legal proceeding, errors made within the contract may cause serious problems. Thus, it is advisable to hire a lawyer to help you draft the Oregon commercial lease. To get the best lawyers, check out the services offered by Contracts Counsel.
Frequently Asked Questions
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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
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Meet some of our Oregon Commercial Lease Lawyers
Jason P.
Jason is a self-starting, go-getting lawyer who takes a pragmatic approach to helping his clients. He co-founded Fortify Law because he was not satisfied with the traditional approach to providing legal services. He firmly believes that legal costs should be predictable, transparent and value-driven. Jason’s entrepreneurial mindset enables him to better understand his clients’ needs. His first taste of entrepreneurship came from an early age when he helped manage his family’s small free range cattle farm. Every morning, before school, he would deliver hay to a herd of 50 hungry cows. In addition, he was responsible for sweeping "the shop" at his parent's 40-employee HVAC business. Before becoming a lawyer, he clerked at the Lewis & Clark Small Business Legal Clinic where he handled a diverse range of legal issues including establishing new businesses, registering trademarks, and drafting contracts. He also spent time working with the in-house team at adidas® where, among other things, he reviewed and negotiated complex agreements and created training materials for employees. He also previously worked with Meriwether Group, a Portland-based business consulting firm focused on accelerating the growth of disruptive consumer brands and facilitating founder exits. These experiences have enabled Jason to not only understand the unique legal hurdles that can threaten a business, but also help position them for growth. Jason's practice focuses on Business and Intellectual Property Law, including: -Reviewing and negotiating contracts -Resolving internal corporate disputes -Creating employment and HR policies -Registering and protecting intellectual property -Forming new businesses and subsidiaries -Facilitating Business mergers, acquisitions, and exit strategies -Conducting international business transactions In his free time, Jason is an adventure junkie and gear-head. He especially enjoys backpacking, kayaking, and snowboarding. He is also a technology enthusiast, craft beer connoisseur, and avid soccer player.
"Very nice! Great on responding back and being available! Recommend 100% !"
Curt B.
Curt Brown has experience advising clients on a variety of franchising, business litigation, transactional, and securities law matters. Mr. Brown's accolades include: - Super Lawyers Rising Star - California Lawyer of the Year by The Daily Journal - Pro Bono Attorney of the Year the USC Public Interest Law Fund Curt started his legal career in the Los Angeles office of the prestigious firm of Irell & Manella LLP, where his practice focused on a wide variety of complex civil litigation matters, including securities litigation, antitrust, trademark, bankruptcy, and class action defense. Mr. Brown also has experience advising mergers and acquisitions and international companies concerning cyber liability and class action defense. He is admitted in California, Florida, D.C., Washington, Illinois, Colorado, and Michigan.
"I was very impressed with the responsiveness and knowledge brought to my situation."
Jim B.
Since 2002, when I first received my law license and began practicing in criminal litigation, I have dedicated myself to providing competent and impassioned legal representation to my clients. Transitioning into business and intellectual property law and serving the Oregon community under the banner of INTELLEQUITY since 2016, I embarked on a mission to offer an unparalleled level of personalized legal guidance that empowers my clients through understanding, support, and legal mastery. As a seasoned attorney, I recognize that behind every case is a person with a distinct set of emotions, aspirations, and challenges. This is why my approach to legal services is not just about cases and statutes; it's about people and their lives. Whether it's navigating the intricacies of business law or safeguarding your intellectual property, I'm here to provide more than just professional counsel—I offer a compassionate, personalized approach to every case. This means keeping you well-informed at every step, empowering you with in-depth understanding, and steering you towards decisions that are legally sound and, more importantly, right for you.
"Great person to work with. He helped gain a better understanding of my own business."
Alexander M.
Broad area practice including Business (domestic & international), IP, Employment, Family Law, Administrative, etc. My focus is a direct, no-BS approach with fast turn around times on completed work.
"Alexander delivered fast, thorough, and practical legal guidance. He identified 22 issues with my MSA, provided a clear MSO/PC structure opinion, and mapped out insurance requirements for both entities — all within 24 hours. Highly recommend for any healthcare startup needing Florida specific legal expertise."
Jessica M.
Jessica Molligan is an attorney with twenty years of experience in family law, bankruptcy, and litigation.
"Jessica was great to work with. We got a quick cliam deed done and it was an easy process to go through with her. Highly reccomend hiring her for any of your needs."
June 28, 2023
Shanon G.
Have experience in contract, family law, municipality work, criminal defense, litigation, some wills and estates as well. Been practicing law for over 22 years.
December 4, 2023
McCoy S.
P. McCoy Smith is the Founding Attorney at Lex Pan Law LLC, a full-service technology and intellectual property law firm based in Portland, Oregon, U.S.A and Opsequio LLC, an open source compliance consultancy. Prior to his current position, he spent 20 years in the legal department of a Fortune 50 multinational technology company as a business unit intellectual property specialist; among his duties was setting up the free & open source legal function and policies for that company. He preceded his in-house experience with 8 years in private practice in a large New York City-based boutique intellectual property law firm, working simultaneously as a U.S. patent litigator and U.S. patent prosecutor. He was also a patent examiner at the U.S. Patent & Trademark Office prior to attending law school. He is licensed to practice law in Oregon, California & New York and to prosecute patent applications in the U.S. Patent & Trademark Office; he is also a registered Trademark and Patent Agent with the Canadian Intellectual Property Office. He has degrees from Colorado State University (Bachelor of Science, Mechanical Engineering, with honors), Johns Hopkins University (Masters of Liberal Arts) and the University of Virginia (Juris Doctor). While in private practice, and continuing into his in-house career, he taught portions of the U.S. patent bar exam for a long-standing and well-known patent bar exam preparation course, and from 2014-2020 was on the editorial board of the Journal of Open Law, Technology & Society (JOLTS), and starting in 2023 will be on the editorial board of the American Intellectual Property Law Quarterly Journal (AIPLAQJ). He is the author or co-author of chapters on open source and copyright and patents in “Open Source Law, Policy & Practice” (2022, Oxford University Press). He lectures frequently around the world on free and open source issues as well as other intellectual property topics.
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Real Estate
Commercial Lease
Ohio
Can a landlord terminate a commercial lease early?
I have been running a small retail business for the past two years in a commercial space rented under a 5-year lease agreement. However, due to unforeseen financial difficulties, my business is struggling to stay afloat and I may need to close down. I have heard rumors that my landlord has the right to terminate the lease early, and I want to know if this is true and what my options are in such a situation.
Michelle M.
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!
Contracts
Commercial Lease
New York
What's the entire agreement clause in a commercial lease?
I am a small business owner who recently signed a commercial lease for my business premises. I am concerned about the “entire agreement” clause in the lease, as I am not sure what it covers and what the implications are for me and my business. I am looking for clarification on the clause and any potential risks associated with it.
Matthew S.
This is a contractual provision which aims to prevent the party relying on it from being liable for any statements or representations (including pre-contractual representations) except as expressly set out in the agreement. It generally precludes the introduction of parol evidence or evidences of other agreements that are not in writing.
Litigation
Commercial Lease
Texas
What's the survival clause in a commercial lease?
I am looking to enter into a commercial lease for my new business. I am unfamiliar with the terms of a commercial lease, and am particularly interested in understanding the survival clause. This clause is important to me because I want to make sure I am fully aware of my rights and responsibilities as a tenant. I need to know what is expected of me should the lease be terminated prematurely.
Curt L.
A survival clause is fairly standard in a lease. It extends the effectiveness of certain provisions, such as party representations, warranties, promises, and covenants beyond the expiration or termination of the lease, but not beyond the legally prescribed statute of limitations. For example, If you make a fraudulent representation in a 1-year lease, the other party to the lease who is damaged by your fraud could still sue you for that fraud even after the end of the 1-year lease.
Real Estate
Commercial Lease
California
What's the property description in a commercial lease?
I am a small business owner who is looking to lease a property for my business. I am currently reviewing a commercial lease and am trying to understand what is included in the property description in the lease. I am hoping to gain more clarity on what the property description entails and how it affects my business.
Gagandeep K.
A property description in a commercial lease has to sufficiently identify the extent and boundaries of the property being leased. For example, it can be described by a map reference or by metes and bounds, or include a description such as "that certain building on the south-westerly corner of California and Larkin Streets." The commercial lease will include defined terms such as "Building," "Property," and "Premises". The defined terms define/describe the "Property" on which the "Building" is located which has the "Premises"/"Space" that is being leased. A sample definition of is Property Description in a Commercial Lease: ""Property" means the real property on which the Building is located together with the Building and all appurtenant fixtures and personal property of Landlord used in the operation of the Building and/or the Property, and any other improvements now existing or hereafter constructed thereon[, including the parking lot, walkways, and landscaped ground as depicted on the site plan attached hereto as Exhibit [LETTER]]."
Real Estate
Commercial Lease
Texas
Should I use a lawyer for commercial lease?
It is a very long lease and I'm not sure what it says. I also don't want to pay a fortune to have it reviewed to eat into my budget.
George O.
Yes! Before signing any contract/agreement/lease, or anything that appears to be a binding agreement, it is worth the money to have a lawyer review it. I charge a flat fee to review any and all agreements, so my clients know up front what they are paying, and they consider it a cost of doing business. The alternative, i.e. not having a lawyer review your agreements prior to signing, can be, and usually is, exponentially more expensive should a conflict arise (and they often do).
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
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