Georgia Attorneys Negotiate and Draft Leases for Landlords
Experienced Marietta lawyers draft solid commercial leases
Wiles & Wiles, LLP has represented commercial landlords in lease negotiations for more than 31 years — in the best and worst of business climates. Our long list of clients includes real estate development firms, investment banks and retail management companies. Our attorneys know how to anticipate problems and craft your lease so as to avoid tenant disputes in the future.
A well-drafted lease is a path to avoiding litigation
The attorneys at Wiles & Wiles, LLP are dedicated to helping you minimize costs and avoid litigation. To that end, we negotiate and draft leases that protect against ambiguity and anticipate potential problems. Some areas we typically discuss with clients include:
- Exclusive use provisions and co-tenancy requests – Must be drafted with caution to avoid resulting in expensive litigation.
- Notice and cure provisions — Language that establishes the procedure for notifying the tenant of a default and the method of curing the default is an essential element of a well-drafted lease. These provisions add clarity to the early steps in the eviction process.
- Clear definition of what’s due — Some leases aren’t sufficiently clear about which ancillary expenses, such as taxes, insurance and maintenance fees, are the responsibility of the tenant. This can result in conflict after the lease is signed. Our attorneys draft leases that promote certainty in your dealings and ultimately reduce your costs.
- Subordination clauses —As a landlord, you want a self-operative lease subordination clause in your leases because it eliminates a potential problem if you later want to refinance the property. Through the lease subordination clause, the tenant agrees that the lease will be subordinate to any mortgage you might place on the property. Lenders insist on lease subordination clauses because if they foreclose on the mortgage, the clause gives them the right to terminate the leases. Tenants regularly seek a non-disturbance agreement allowing their lease to remain in force even if the property is foreclosed. The specifics of each situation must be weighted to result in a viable solution.
Preventing an unauthorized assignment of the lease
Your company contracts with tenants whose background and characteristics fall within your parameters of acceptable risk. When tenants assign their leases or sell their businesses without your authorization, you end up with tenants you didn’t bargain for — and perhaps ones that you don’t desire.
While many states favor the unrestricted transfer of property, Georgia takes a decidedly different approach and protects the interests of the landlord as set forth in the lease. By default, Georgia law prohibits the unauthorized assignment of a lease so long as it is not an estate for years. While landlords and tenants may agree on an assignment, a tenant may not assign the lease unilaterally. If your tenant has assigned the lease without authorization, you may be able to recover any damages you suffered as a result of the breach.
Contact us for experienced lease negotiation and drafting
The attorneys at Wiles & Wiles, LLP are respected throughout Georgia. If you need assistance drafting or negotiating a lease, call us at 770.426.4619 or contact us online.