The law firm of Goldstein and Grubner provides comprehensive services related to commercial leasing. Our experienced commercial leasing lawyers possess the knowledge and familiarity required to navigate the intricacies of commercial lease agreements, representing both landlords and tenants. We regularly act for landlords and tenants in a diverse range of commercial leases and subleases, including those for pharmacies, dental clinics, medical clinics, restaurants, industrial and warehousing facilities, retail shops, offices, franchises, and more. We work to address key issues while keeping legal fees down.

Commercial leases play a vital role in the success and stability of businesses. Whether you are a landlord or a tenant, a well-drafted lease agreement establishes the rights, responsibilities, and expectations of both parties throughout the term of the lease. For many businesses, their commercial lease represents their largest and most significant contract, and therefore one its most significant liabilities.

Commercial Tenants often fail to recognize that the many pages of “boiler plate” language that make up their commercial lease create a variety of very real and often significant obligations for the Tenant. With rare exceptions, commercial leases prepared by landlords heavily favour the landlord. It is essential to have an experienced commercial leasing lawyer review your commercial lease before signing. An experienced commercial leasing lawyer can explain the material terms in your commercial lease to ensure you understand your obligations, as well as negotiate terms that are more favorable and fair for the commercial tenant.

It should be noted that commercial tenants often don’t realize that their Agreement to Lease includes a requirement to sign the landlord’s standard longform lease. Without including a right to review the longform lease and/or opt out if the terms are unacceptable, commercial tenants often find themselves unexpectedly bound to a longform lease with terms they have not seen and do not agree to. For this reason it is important to have your Agreement to Lease reviewed by a commercial lease lawyer prior to signing an Agreement to Lease.

Outlining the responsibilities of the landlord and tenant regarding property maintenance, repairs, and the allocation of costs for upkeep and improvements. In particular, whether the landlord and charge capital costs to the tenant and whether such charges are charged when incurred or in the form of amortization or depreciation over the capital costs useful life are a significant issue.

Defining the permitted use of the premises, any restrictions or limitations on activities, and compliance with zoning and bylaws. The tenant will want to ensure their intended use is permitted and does not contravene the zoning or any exclusivity covenants the landlord has given to the other tenants.

Outlining the conditions and procedures for assigning or subletting the leased premises, including obtaining the landlord’s consent. Tenants will want assurances the assignment provisions will allow them to sell their business if they so choose, without the landlord prohibiting the sale or insisting on a right to the sale proceeds.

Determining the required insurance coverage, liability allocation, and indemnification provisions to protect both parties in case of accidents or damages. While tenant’s usually bare the cost of both the tenant and landlord’s insurance, the tenant will want to make sure there are no “gaps” in the insurance for matters which the tenant is responsible for.