Leasing Advice from Proposal to Move-In (and Beyond)

Hadley Law Firm LLC provides leasing advice for landlords and tenants, specializing in medical office, general office and retail leasing. We've worked on projects ranging from landlord representation for office portfolios with a million square feet or more in size down to individual office and retail shop leases. For landlords, the firm also offers ongoing property management advice.

Approach

Businesses select different levels of attorney involvement depending on the specifics of the lease transaction and the value the business places on the lease. Some clients only want us to review a proposed lease document and to discuss the responsibilities and risks that come with signing it. Others want comprehensive advice and legal representation from the beginning of lease negotiations through the signing of the final lease. In any leasing project, we'll start with a discussion about your business priorities.

Common Considerations 

Some of the common issues that need to be considered in lease transactions are listed below. As a practical matter, most lease negotiation and drafting projects focus on just a few of these issues, depending on the priorities of the parties to the transaction. However, in a high-value transaction many of these can be topics for discussion.

Economic Issues

  • Rent and Rent Increases
  • Operating Expense Recovery by the Landlord
  • Rent Abatement
  • Improvement Allowances
  • Moving Allowances
  • Other Concessions
  • Deposit

Operational Issues

  • Maintenance Responsibilities
  • Utility Services
  • Signage
  • HVAC and Supplemental Cooling
  • IT Rooms and Telecom Facilities
  • ADA Compliance

 

More Operational Issues

  • Roof Space
  • Relocation Clauses
  • Signage
  • Interference By Landlord or Other Tenants
  • Access

Tenant Finish

  • Allowances
  • Initial Build-Out
  • Subsequent Remodels
  • Removal Requirements
  • Design Process
  • Landlord's Rights as to Tenant Work
  • Quality Standards

Risk Management

  • Insurance Requirements
  • Indemnification and other Risk-Shifting Provisions
  • Casualty
  • Condemnation

Rights and Options

  • Extension/Renewal
  • Expansion
  • Contraction
  • Termination 
  • First Refusal to Lease
  • First Offer to Lease
  • Purchase Options

Assignment and Subletting

  • Restrictions on Transfer
  • Landlord Review Rights
  • Review Fees

Retail Issues

  • Location Value
  • Storefront
  • Signage
  • Parking and Lighting
  • Snow Removal
  • Other Common Area Maintenance
  • Radius Clauses
  • Exclusive Rights
  • Restrictive Covenants
  • Percentage Rent Issues

Restaurant Issues

All the retail issues, plus, among others:

  • Kitchen Facilities
  • Gas and HVAC Requirements
  • Sidewalk Use
  • Restroom Facilities

Remedies and Dispute Resolution

  • What Constitutes Breach
  • Notice and Cure Periods
  • Clarifying Parties Remedies
  • Landlord Remedies
  • Tenant Remedies
  • Lender Notification and Cure
  • Landlord Liens

Financing Related Issues

  • Subordination
  • Non-Disturbance Agreements
  • Lender Notice Rights
  • Lender Cure Rights
  • Tenant Lender Lease Assumption and Assignment Rights

 

Medical Office Issues 

  • Use Restrictions
  • Protection of PHI
  • Stark/Medicare Anti-Kickback Laws
  • ADA Compliance
  • After Hours Access and Services
  • Handling of Hazardous/Infectious Waste
  • Imaging Equipment
  • Special Power Requirements

 

 

 

Getting Started

To talk with Tim Hadley about how the firm can help with a lease or leases, please call 720.943.4770.