What legal steps should a business take before entering into a commercial lease agreement in New York City?
Before entering into a commercial lease agreement in New York City, a business should take several legal steps to protect its interests and ensure that the terms of the lease are fair and legally enforceable. These steps include:
- Hire an attorney: It is highly recommended that businesses seeking to lease commercial property in New York City hire an attorney with experience in commercial real estate law. An attorney can advise the business on the legal implications of the lease terms and assist in negotiating a lease that meets the business's needs.
- Review the lease carefully: Before signing the lease, the business should review it carefully to ensure that all terms are clearly spelled out and agreeable. The business should pay attention to clauses related to duration of the lease, rent payments, maintenance, repairs, and termination of the lease. An attorney can assist in identifying any unclear or ambiguous terms and negotiate changes as necessary.
- Conduct due diligence: The business should also conduct due diligence on the property and its landlord before entering into the lease. This may include researching the landlord's reputation, reviewing property inspection reports, and confirming that the property is in compliance with all applicable laws and regulations.
- Negotiate reasonable terms: If the lease terms are unfavorable, the business should attempt to negotiate more reasonable terms. Negotiation may be necessary for clauses related to rent increases, maintenance requirements, and early termination options.
- Sign the lease: Once the business is satisfied with the terms of the lease and has obtained legal advice, it may sign the lease. It is important to ensure that all parties sign the lease and that a copy is retained for each party.
Limitations or exceptions to this advice include specific clauses in the lease that are not addressed in this general advice. It is recommended that a business seek legal advice to address specifics to their commercial lease agreement. If further action is necessary, a business may need to file a lawsuit or engage in alternative dispute resolution methods to resolve any disputes that arise under the lease.
Please note that this is general advice and should not be relied upon as a substitute for legal advice from a licensed attorney. If you require legal advice, please consult with a qualified attorney.