Why Is Careful Drafting of the Language in a Lease So Important?

 Posted on April 23, 2021 in Small Business Taxes

Whether you are a landlord or a tenant, you will want to make sure you fully understand the terms of your lease agreement. Commercial and residential leases address a wide variety of issues that affect landlords and tenants, and if the language in a lease is not carefully drafted, this can lead to disputes that could result in financial losses or other legal issues. Before signing a lease, it is important to have an attorney review the agreement and identify any language that may need to be revised or other issues that could lead to problems in the future.

Terms to Address in a Residential or Commercial Lease

Some of the terms that should be reviewed before signing a lease include:

• Severability - This clause states that if one or more terms in a lease are found to be invalid, this will not affect any other provisions in the lease. If this clause is not included or is not worded properly, an entire lease agreement could be found to be invalid based on a single error.
• Use and exclusive use - A lease should detail the ways the tenant is allowed to use the property, and it may grant exclusive use to a commercial tenant, which would prevent other similar businesses from occupying the same building or another part of the property. When these terms are drafted correctly, the landlord and tenant can make sure they understand any restrictions or limitations that apply to them.
• Improvements and alterations - A lease should specify whether a tenant can make any changes to the property while also detailing who will be responsible for paying for improvements. Wording these terms correctly will ensure that both parties fully understand their rights and requirements.
• Renewal - The parties should understand the steps that must be taken to renew the lease at the end of its term. If the process for renewal is not clearly defined, a tenant may not be able to renew its lease, or a landlord may not be able to receive favorable terms in an agreement with a tenant.
• Rent escalation - A lease should describe when and how the amount of rent may be increased. Unclear terms may lead to financial issues for the tenant if rent is raised unexpectedly, or the landlord may not be able to increase rent in response to higher taxes or insurance costs.
• Force majeure - This clause will detail what will happen if either party is unable to meet their obligations due to issues that are out of their control, such as natural disasters or government orders. If these terms are not drafted properly, a landlord may not be able to collect rent from a tenant, or a tenant may face unreasonable financial obligations.

Contact Our San Jose Lease Agreement Lawyer

At John D. Teter Law Offices, we provide representation for small businesses, helping them address their legal issues. If you are a landlord who leases property to residential or commercial tenants, or if you will be leasing space where you will operate your business, we can review your lease agreements and help you draft language that will provide you with the legal protection you need. Contact our San Jose, CA business law attorney today at 408-866-1810.

Sources:

https://www.thebalancesmb.com/common-commercial-leasing-terms-explained-398067

https://www.americanbar.org/groups/litigation/committees/real-estate-condemnation-trust/practice/2020/force-majeure-clause-commercial-lease-rent/

https://cozy.co/blog/8-important-lease-clauses-for-landlords/