Lease Agreements and Negotiations

Lawyers Guide

When renting or leasing property, it is vital that the agreement signed is understood fully by both parties.
Many landlords have a standard lease form that they use for all tenants; however, a tenant may want specific changes.Learn more about lease negotiations and considerations.

  • ContentCreating a Lease Agreement

    Many homeowners eventually find themselves in the position of wanting to rent their property. Unfortunately, home ownership does not come with a legal manual full of all the necessary forms to set up a lease arrangement.

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  • ContentImportance of Negotiating Assignment Clauses in Commercial Lease Transactions

    Commercial spaces may be difficult to obtain depending on the city where the businesses reside. Because of this, there are many different clauses in leases that deal with transactions, permitted activity on the land and various other concerns that often need the assistance of negotiation to resolve.

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  • ContentLegal Aspects of Commercial Lease Guarantees

    When renting, leasing or purchasing property, it is vital that the agreement signed which contractually binds two parties together is understood fully. This may mean reading it and asking questions for clarification, hiring a lawyer to assist with the documentation or similar situations.

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  • ContentNegotiations of Leases Between Residential Renters and Landlords

    Renters and landlords are often at opposing ends in real estate transactions. Many landlords have a standard lease form that they use for all tenants. However, there may come times when a renter wants something other than what is in the boilerplate language a standard lease agreement contains. The renter or the landlord may wish to negotiate different terms. Some ways to accomplish this include:

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  • ContentProvisions to Include in Commercial Leases

    When dealing in real estate commercial leases, it is vital that those that may purchase the property understand what provisions are provided in and for the contract that is signed. It is especially important to know which clauses may impact the buyer and which are allocated as beneficial to the purchaser.

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  • ContentRetail Lease Considerations

    Whether renting a property or renting out the property, it is important to consider what lease provisions to include. Either party can make suggestions regarding the lease so long as any suggested provisions are not in violation of the applicable laws.

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  • ContentUnderstanding Key Terms in a Commercial Lease

    A commercial lease is often used when a business rents a space out to operate its business, whether this is a retail store, restaurant or warehouse. Commercial leases are often much more complex than a typical residential lease. Many landlords use standard forms that they provide to anyone who wants to lease the space with little negotiation.

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  • ContentWhy Landowners Decide to Ground Leases

    Renting a property is fraught with challenges, but landowners choose to ground leases for various reasons. This means that the tenant that rents or leases the land may develop the real estate for the leased periods, but all improvements and additions are given to the owner of the property when the lease ends.

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  • ContentBreaking a Lease - Can Landlord Keep the Security Deposit?

    The landlord generally has the ability to retain the security deposit for a number of reasons that may include the breaking of a lease and when the person vacates the property before the lease completes. These rules and guidelines usually depend on the state and the circumstances of the unit or house when the tenant breaks the lease.

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  • ContentWhat Does a Sufferance Tenancy Mean?

    Tenancies usually have a specified term, such as one year, two years or five years. Sufferance tenancy has to do with the type of tenancy that exists when this term expires. Landlords who rent property to tenants should take care to understand their rights and responsibilities when these terms expire.

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  • ContentCo-Tenancy Requirements

    Co-tenancy is a situation that could provide multiple tenants in a property for residential leases or in commercial property that increases the possible number of individuals attached to a rental situation. The co-tenancy generally decreases the overall rent a person will pay alone and provide help through other legal matters with a landlord.

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  • ContentIs It Impossible to Break a Lease before It Begins?

    In the matters of real estate, leasing and renting become complicated with the lease or renter’s agreement between tenant and landlord. It is when the paperwork has been signed by both parties that it may not be possible to end the lease itself without breaking the terms which then may invoke a clause that permits the landlord to collect contractual breach fees and other monetary amounts.

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  • ContentVRBO - When An Owner Cancels a Booking at the Last Minute Without Compensating the Tenant

    A HG.org visitor recently booked a property through VRBO - Homeaway in Iceland 10 months in advance as vacation rentals in the country are not legion and can be expensive if booked at the last minute:

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  • ContentHow Do I Get Out of a Co-Signed Lease?

    When a person cosigns on a loan, he or she is agreeing to be liable for the remaining balance if the original person on the lease fails to fulfill his or her obligations under the loan. If that person does not handle the lease in a responsible manner by making ongoing and timely payments, this can negatively impact the co-signer’s loan.

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  • ContentUnderstanding a Personal Guarantee in a Commercial Lease

    When buying or leasing property, there are several conditions that must be met to include finances in order to pay the monthly amounts. When the individual leasing the commercial property has less than good credit, the landlord may require a personal guarantee that funds will be available.

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