Landlord-Tenant

James J. Douglas negotiates and drafts commercial and residential leases that protect his clients’ rights. These agreements typically set forth the rights and responsibilities of each party during the lease and at the conclusion of the rental period.

All leases should contain a description of the leased premises, the duration of the lease, commencement and ending dates of occupancy, the rent to be paid, the security for the tenant’s obligations, identification of events of default and provisions for the respective parties’ remedies in the event of default.

Generally speaking, commercial leases are more complex than residential. Typically, a lease sets forth the following obligations:

For the tenant:

• Pay the rent when due
• Keep the property clean and in good condition
• Notify the landlord promptly of damage and payment of the portion for which the tenant is responsible.
• Allow the landlord access to the property
• Provide proper notice when vacating
• At the conclusion of the lease, leave the property in the same condition as it was found, reasonable wear and tear excepted

 For the landlord:

• Provide a clean, safe and secure property for the tenant to move into
• So long as the tenant is in compliance with tenant’s obligations, allow the tenant quiet enjoyment of the leased premises

Lease negotiations address the allocation of the landlord’s and tenant’s responsibilities. While the issues can be left to the respective imaginations of the parties and their counsel, negotiations will often include:  

• The extent to which the Landlord is responsible for the operation of the leased premises while occupied by the tenant (whether it is a “net “lease, “triple-net” lease, etc.)
• Options to renew or to purchase the Premises
• Responsibility for services, such as elevators, hear, light, air conditioning, etc., and, if to be provided by the Landlord, the days and hours of such responsibility
• Responsibility for maintenance to the premises
• Availability of parking
• Escalations for real estate taxes, common area maintenance, energy consumption
• Security for the tenant’s obligations, including, in the case of corporations and limited liability entities, guaranties or “good-guy” guaranties by individual owners of the business entity

Disputes:

When disputes arise because of either party’s failure to comply with the requirements of the lease, Mr. Douglas reviews the applicable language and pursues compliance, eviction or compensation as necessary, through negotiation or litigation.

James J. Douglas solves legal problems in a professional, cost-effective manner. He represents business clients throughout Long Island and the New York metropolitan area.