The Raleigh Lawyers with Kurtz & Blum are Available to Assist Commercial Tenants With All of Their Landlord Issues
Commercial leases, and the rights and remedies under the same, are vastly different from residential leases. Generally speaking, the terms of your lease will control what happens.
In North Carolina, there are very few statutory rights for commercial tenants, so it’s important to make sure you understand your obligations under the lease.
For example, while a residential landlord cannot make the tenant responsible for certain repairs, fees, and membership dues, a commercial landlord can!
Most disputes between commercial landlords and tenants revolve around “who is responsible for what”. Most commercial leases are focused on protecting the landlord, not the tenant, so be sure to have an attorney review your lease before signing!
This will make sure you understand your obligations and may avoid expensive litigation down the road.
Often time tenants sign personal guarantees, which means you cannot simply shut down your business and walk away. By signing a personal guarantee, you are agreeing that you (in an individual capacity) and your business are on the hook for rent (whether you have to leave or not) and all other obligations under the lease.
Common examples include a business going under or needing to move, high management fees, wanting to sublease, and landlords or tenants not complying with their obligations under the lease.
The attorneys with Kurtz & Blum represent and offer advice commercial tenants regarding the following:
• Reviewing Prospective Lease Agreements
What you agree to orally with your landlord or tenant usually does not matter once you have signed a lease, as most leases have a clause that states the lease is the only agreement between the parties (meaning the oral agreements missing from your lease are generally not effective).
Be sure you understand what you are responsible for! Often commercial tenants are responsible for rent, maintenance fees, management fees and other costs. These costs can add up over time!
• Negotiating Prospective Lease Agreements
We can offer advice on edits to your lease, to help alleviate some of the liability as a tenant and being clear about your landlord’s responsibilities.
• Evictions in Small Claims Court (Magistrate Court) and Eviction Appeals to District Court
• Security Deposit Disputes
Before you move out, we can give advice to make sure you are using best efforts to get all of your security deposit back. If your landlord refuses, we can represent you negotiating a return or in a claim for getting your deposit back.
• Negotiating Lease Terminations
If your business isn’t making enough to survive or you have outgrown your space too early, we can help negotiate an agreement to terminate your lease.
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We frequently handle cases arising out of the following counties: Wake, Johnston, Durham, Orange, Lee, Harnett, Chatham, Nash, Vance, Person, Vance, Alamance, Cumberland, Edgecombe, Granville, Forsyth, Guilford and Wayne.
To discuss your case with a skilled landlord-tenant attorney, please call (919) 832-7700 today.