Today’s commercial leases are sophisticated legal documents. Whether you’re a commercial landlord or tenant, you’ll probably need help interpreting, enforcing, and negotiating a lease at some point. We’re here to help. Our real estate lawyers at The Enochs Law Group have extensive experience advising parties to commercial contracts.
If you’re unsure what your legal rights are as either a landlord or tenant, keep reading. You can also schedule a consultation with one of our attorneys to get personalized legal advice right away.
San Diego’s 3 Most Common Forms of Commercial Leases
A commercial lease is a contract, so it’s essential that you clearly understand its terms and conditions. In California, there are three common forms of commercial leases:
- Gross Lease: The tenant pays rent, and the landlord pays for property-related expenses such as repairs and property taxes.
- Triple Net (NNN) Lease: The tenant pays rent and must cover property-related expenses.
- Modified Gross Lease: The tenant and the landlord each pay a portion of the property-related expenses.
Commercial tenants must pay their rent in full. If a tenant consistently fails to pay rent or only makes partial payments, the landlord may evict them.
Also, unless your lease contains a specific protection, commercial leases are not rent-controlled. So, the landlord typically has the right to increase a tenant’s rent as long as the landlord complies with the existing lease agreement.
Enforcing a Commercial Lease
Sometimes, landlords and tenants find themselves in contentious lease disputes. These disputes may come up due to vague or poorly written lease agreements. Other times, a party violates a legally binding lease agreement and harms the other party.
In these situations, our real estate lawyers work closely with our clients to identify their goals, assess their alternatives, and build comprehensive legal strategies that reflect their priorities.
Sometimes, this process requires litigation. Other times, we can quickly resolve commercial lease disputes privately and out of court. Regardless of your situation, our aggressive litigators will help you build a practical solution that protects your interests.
We Build Relationships on Trust and Respect
About 4 years ago a friend referred me to Alan Enoch’s for legal advice on a business matter. Alan immediately proved how valuable he would be to my business through his well thought out responses and knowledge of the law. Since that first meeting, Alan has been representing me personally, as well as 4 businesses I own. He continues to work tirelessly to ensure my entities are protected. My company interviewed many lawyers in the past before the introduction to Alan. I will put it very simply what sets Alan apart from all the others; He cares. He genuinely cares about his clients and wants the best for them. He will review each potential issue in depth to gain the knowledge to provide honest advice as to whether it is worth pursuing or not.
My advice to anyone that is looking at hiring Alan…. do it before your competition does. I want Alan on my side of the courtroom, not on the side that’s against me.
"I want to thank you for all the hard work that you've done for our company over the years. We've had small matters that were handled very quickly. We've also had large matters that needed very aggressive representation and you've represented us in a stellar manner. If you're looking for a truly aggressive law firm, someone who is going to look at your case in a thorough manner and is going to be very strategic in both the short term and long term, please call Alan Enochs."
We Approach Every Case With a Business Mindset
While you may be familiar with BATNA (best alternative to a negotiated agreement), it’s a technique many lawyers don’t know about or understand. At The Enochs Law Group, we believe our clients deserve pragmatic, informed advice, so we apply proven business principles like BATNA to litigation.
During negotiations, identifying your BATNA can lead to better and more efficient outcomes. However, before you can define a BATNA, you first need to:
- Set your priorities and objectives
- Identify all your data and metric-based alternatives
- Evaluate the advantages and disadvantages of your options and place the options in a hierarchy
- Build a secondary course of action in case your negotiations fail
- Calculate the least favorable outcome you’re willing to accept
If you think this doesn’t sound like a typical approach to real estate litigation, you’re right. We don’t create legal strategies based on tradition. Instead, we use data, creativity, and critical thinking to give our clients an edge.
Legal Resources and Information
Read our blog to learn more about legal issues that interest you and stay up to date on the latest developments in California real estate and business law.
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