Many of NB’s San Diego clients are either the landlord or tenant in a commercial lease setting. Our San Diego commercial landlord/tenant attorneys are very experienced in negotiating and drafting commercial leases to satisfy the client’s particular business needs. Moreover, when push comes to shove, the N&B lawyers have litigated a number of commercial lease disputes, with favorable results.
NB can help with various San Diego Commercial Landlord/Tenant Law issues, such as:
Drafting Commercial Leases: A well drafted commercial lease can often avoid potential landlord / tenant disputes. A commercial lease that clearly spells out the basis for the rent (base rent, percentage rent, etc.), the obligations of the parties with respect to common area maintenance (“CAM”) costs, and the inclusion or exclusion of certain other costs such as insurance, taxes and signage, can help maintain a positive and beneficial relationship between landlord and tenant.
Lease Negotiations and Renewals: Oftentimes, a commercial tenant will simply be handed a standard commercial lease. The attorneys of NB are familiar with the various provisions in the standard commercial leases and know which ones should be modified to benefit a commercial tenant. NB attorneys are also knowledgeable about the many issues surrounding lease renewals, extensions and option periods. A mistake in exercising rights under a lease option or extension can be devastating to either a commercial landlord or tenant.
Reviewing Commercial Leases: In certain markets, there is little or no negotiation possible in a commercial lease context, usually for the commercial tenant. In those circumstances, it is still critical to understand the different provisions in a commercial lease and the implications of those provisions. NB can help commercial tenants understand and comply with the oftentimes lengthy and complex commercial leases under which a business must operate.
Commercial Lease Disputes: Disputes sometimes arise between landlords and tenants. When the dispute is in a commercial context, the stakes can be high. The attorneys of NB have many years of experience litigating commercial lease disputes, on both sides of the relationship. The attorneys of NB have an intimate familiarity with how judges view certain provisions of a lease and certain situations. When your company’s livelihood is on the line, let NB zealously protect your legal interests.
The commercial landlord-tenant attorneys of NB can also help with a variety of other San Diego commercial landlord / tenant issues, including:
- Unlawful Detainer actions (Evictions):
- Disputes involving Quiet Enjoyment and Habitability
- Assignment and Subletting
- Eminent Domain
- Condemnation
- Easements and Right-of-Way Issues
- Exclusive Use Issues
RECENT ACHIEVEMENT: NB successfully defended a client against a claim for substantial rent on office space in La Jolla. The plaintiff/landlord sued NB’s client for breach of the master lease agreement and breach of a sublease agreement. NB won at trial. The plaintiff then appealed the case and NB successfully argued and won before the California Court of Appeal. NB ultimately even recovered the client’s attorney’s fees and court costs from the unsuccessful landlord plaintiff.