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Why Should You Consult a Real Estate Attorney Before Leasing Commercial Space in New York?

Published December 29th, 2023 by Klafehn, Heise & Johnson P.L.L.C.

Leasing commercial space in New York is a significant commitment for any business. It's a decision that can influence your company’s growth, operations, and financial health. In a market as competitive and complex as New York, consulting a real estate attorney before signing a lease can be crucial. 

At Klafehn, Heise & Johnson P.L.L.C. in Brockport, NY, we have seen firsthand how the right legal guidance can make all the difference in commercial leasing. Let’s explore why consulting a real estate attorney is a smart move for your business.

1. Navigating Complex Lease Agreements

Commercial lease agreements in New York are often lengthy and filled with complex legal jargon. They cover a range of issues, including rent, lease duration, termination rights, and maintenance obligations. A real estate attorney can help you understand these terms, advise on potential risks, and ensure that the lease aligns with your business objectives.

2. Negotiating Favorable Terms

Unlike residential leases, commercial leases are highly negotiable. A real estate attorney can negotiate on your behalf to secure favorable terms. This might include more flexible lease durations, caps on rent increases, or specific tenant improvements. An experienced attorney knows what is negotiable and what terms can be altered to benefit your business.

3. Identifying Hidden Costs and Responsibilities

Commercial leases often include provisions for additional costs such as maintenance fees, property taxes, and insurance. These can significantly affect your business’s budgeting and financial planning. An attorney can help identify these hidden costs and negotiate terms that minimize unexpected expenses.

4. Ensuring Compliance with Zoning and Land Use Laws

Understanding zoning and land use laws is essential when leasing commercial space in New York. A real estate attorney can ensure that your intended use of the property is compliant with local laws, helping you avoid costly fines and legal challenges.

5. Protecting Against Potential Disputes

Disputes over commercial leases can be time-consuming and expensive. By having an attorney review and negotiate your lease, you can minimize the potential for disputes with landlords. An attorney can also ensure that there are clear mechanisms in place for resolving disputes should they arise.

6. Tailoring Leases to Specific Business Needs

Every business is unique, and a one-size-fits-all approach to leasing doesn’t work. A real estate attorney can tailor the lease to fit the specific needs and circumstances of your business, ensuring that it supports rather than hinders your operational goals.

7. Saving Time and Money in the Long Run

While some businesses may hesitate to incur the expense of hiring an attorney, the cost of not consulting a legal professional can be much higher. Mistakes in a lease can lead to significant financial liabilities and legal issues, far outweighing the cost of attorney fees.

Consulting a real estate attorney before leasing commercial space in New York is an investment in your business’s future. At Klafehn, Heise & Johnson P.L.L.C., we provide the legal experience & support needed to navigate the complexities of commercial leasing. Our goal is to help your business find a space that not only meets its current needs but also supports its long-term growth and success.

Legal Disclaimer: This article provides a general overview of strategies for legally protecting a small business in New York and should not be considered legal advice. Business laws vary, and individual circumstances can significantly affect legal needs. For specific legal advice and guidance tailored to your transactions and circumstances, consult with the attorneys at Klafehn, Heise & Johnson PLLC. Portions of this account are considered ATTORNEY ADVERTISING under the New York State Unified Court System Rules of Professional Conduct (22 NYCRR Part 1200). Prior results do not guarantee a similar outcome.


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