Frequently Asked Questions
Lease Questions, Answered Carefully
General information on how commercial and residential lease agreements operate, organized by the position you hold and the question you are facing.
What does a lease attorney do?
A lease attorney reviews, drafts, negotiates and interprets lease agreements, and advises on disputes arising under them. The work centers on what the contract requires of each party — rent and cost obligations, permitted use, maintenance, notice requirements, defaults, remedies, renewal and termination.
When should I have an attorney review a lease?
Before signing is the most useful point, because that is when terms can still change. Review is also worthwhile before exercising a renewal option, before signing an amendment, and whenever a party asserts that an obligation has not been met.
Why is the exact lease language important?
Rights under a lease generally come from its written terms. Whether a cost is passed through, whether a use is permitted, how much notice a default requires, and what remedies exist are usually determined by specific wording rather than general expectations.
Do you assist with both commercial and residential leases?
Yes. The firm handles commercial and residential lease matters and represents both landlords and tenants, subject to conflict-of-interest checks in any individual matter.
How do I schedule a consultation?
Call (469) 430-4834 or submit the form on the contact page with a brief, non-confidential description of the matter. The firm will follow up to arrange a conversation.
Why should a lawyer review a commercial lease?
Commercial leases are generally not governed by the consumer-protective rules that apply to residential tenancies, and the terms are usually drafted for the landlord. Review identifies the cost structure, the operational restrictions, and the provisions that will matter years into the term.
What should a commercial tenant review before signing?
At minimum: base rent and escalations, operating expense and CAM structure, permitted use and exclusivity, delivery condition and improvement responsibility, maintenance and repair allocation, insurance and indemnity, assignment and subletting, renewal options, default definitions and remedies, and holdover.
What should I look for in a commercial lease?
Look for the terms that control cost predictability and flexibility. Uncapped expense pass-throughs, broad landlord discretion, narrow permitted use, restrictive transfer clauses and short cure periods are common sources of later difficulty.
Can lease renewal terms be negotiated?
Often yes. Where a renewal option exists, its terms may control rent-setting and notice; where none exists, renewal is a fresh negotiation. Market conditions, tenancy history and relocation cost all influence the outcome.
What happens when a lease expires?
That depends on the agreement. Some leases end, some convert to a month-to-month arrangement, and many contain holdover provisions that increase rent substantially if the tenant remains without a new agreement.