Practice Area

Commercial Leasing

Kessler Law represents landlords and tenants in lease transactions for office, retail, shopping center, warehouse and industrial properties, as well as triple-net leases, ground leases, rooftop antenna leases and commercial brokerage agreements.

A commercial lease defines the financial and operational relationship between a property owner and a tenant. We prepare and negotiate leases with attention to the allocation of risk and the provisions that will govern the relationship over the term. We also prepare and negotiate guaranties, subleases, assignments, lease amendments, subordination and non-disturbance agreements and estoppel certificates.

Our experience enables us to effectively prepare, negotiate and review leases and collateral documents for all types of commercial properties. We also handle leasing disputes and commercial landlord-tenant litigation.

Landlords

We negotiate with tenants and their brokers. We structure guaranties and security arrangements that protect the landlord and satisfy its lenders. When a tenant defaults, we enforce the lease through our Landlord-Tenant practice.

Tenants

We negotiate rent and escalations, operating expense and tax pass-throughs, tenant improvement allowances and work letters, renewal, expansion and termination rights, assignment and subletting provisions and the scope of personal guaranties.

Property Types

Office. Operating expenses and base years, tenant improvements, renewal and expansion rights.
Retail and shopping center. Permitted and exclusive uses, co-tenancy, percentage rent, common area charges and signage.
Industrial and warehouse. Permitted uses, loading and yard access, environmental obligations and the condition of the premises at surrender.
Net and ground leases. Allocation of taxes, insurance, maintenance and improvements, and leasehold financing.
Rooftop and wireless. Access, equipment installation, roof repairs and interference with building operations.

Brokerage Agreements

We negotiate commercial brokerage agreements, including the scope of the engagement, the circumstances under which a commission is earned and commissions on renewals and expansions.

Attorneys in This Practice