When a commercial lease is signed, it becomes the legal foundation of the relationship between a tenant and a landlord. However, behind the legal and technical terms, it is not uncommon to find unbalanced clauses, sometimes exorbitant in relation to common law. Although they are framed by law, they often go unnoticed at the time of signing the lease. To identify and contest them, the intervention of a commercial lease lawyer becomes necessary.
Understanding and Contesting Exorbitant Clauses in a Commercial Lease
Exorbitant clauses in a commercial lease are provisions that disproportionately disadvantage one of the parties, most often the tenant. They should be distinguished from those that unlawfully deviate from the public order of commercial leases, which would then incur the unwritten reputation (meaning they would be deemed never to have existed). They can take various forms: some impose charges or works that should normally fall to the landlord, according to the law, while others excessively restrict the rights of the tenant. The problem may arise for the tenant, not at the signing of the lease – which is why they will not see them – but during the lease term or at the time of a transfer! This then becomes a barrier to selling and thus disposing of their lease and/or business assets.
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To spot these contentious clauses, it is advisable to consult a commercial lease lawyer. Some firms have even made this sector their expertise, such as the firm NAHMIAS SEMHOUN AVOCATS. Specialized in commercial lease law, it supports tenants and landlords in analyzing and negotiating their contracts. By working with them, both parties benefit from a thorough reading of the contract. Any irregularities are then identified, and solutions for correcting them are found.
Further reading : Chimney Incident in Bétheny: The Legal Importance of the Sweeping Certificate
The Skills of a Specialized Commercial Lease Lawyer
The intervention of a specialized lawyer is not limited to detecting exorbitant clauses in common law. Their mission also encompasses securing fiscal aspects and anticipating potential disputes. They ensure compliance with the rent indexation clauses, the conditions for transferring the lease, and the modalities for distributing works.
The expertise of a specialized commercial lease lawyer also extends to pre-contractual negotiation, during which the terms of the lease are discussed. During this phase, the lawyer analyzes the legal and economic implications of each provision. They anticipate potential difficulties related to the future operation of the business. The negotiation of the contract terms is then based on their mastery of case law. It is this expertise that leads to the drafting of a solid contract, which sustainably protects the interests of the parties.
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