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Commercial Leases
Most commercial rental relationships are contractual. There is no over arching statute that governs the relationship between landlord and tenant like in the Residential Tenancies Act, 2006. There is a Commercial Tenancies Act, but it does not tell the parties how to deal with the rental. It does, for instance, explain that if a lease is invalid for contractual reasons, but the parties continue to act as if the contract was validly made, then the contract is deemed to be valid.
This contractual relationship also means that the parties can generally agree to any provision they want. Unlike the ‘RTA’ which very clearly specifies what a contract is allowed to have, a commercial lease is completely open to party agreement (i.e. provisions for maintenance fees to be paid over and above the regular rent or shifting improvement costs onto the commercial tenants in proportion to floor space rented).
We can help to negotiate the contents of your commercial agreement and advise you if the agreement is one you should sign. We can let you know what you responsibilities would be, what the landlord is responsible for doing and what all the rent and other payments will be. It is always a good idea to get legal advice before agreeing to any important contract, such as Commercial Lease agreements.
Landlord/Tenant Relationship Rules
As mentioned, parties to a Commercial Lease Agreement can make any provision they want. These might include such provisions as the Landlord may enter the premises only under certain conditions and who is responsible for repairs and improvements to the building. Navigating these complex issues takes skill and knowledge to protect everyone from violations that may result in termination of the agreement. We can review the agreements and advise who should do what when.
Termination of the Rental Agreement
There is no automatic renewal of commercial contracts. At the end of the term, the contract ends and the tenant must vacate. It is important to be ahead of any end of contract timelines so that you don’t have to move. Moving is a costly and timely process during which you may not be able to conduct your business. Let us diarize the deadlines so you can keep doing business while we work to keep you in the building your clients/customers/patients have come to know.
And, if for any reason the agreement is broken, we can help you to get your stuff back if the landlord locks the doors on you, or we can make a claim against the tenants property for unpaid rents or any other damages. Talk to us to see what we can do for you.
All you have to do is contact us and we will do everything we can to either assist you or direct you to someone who can.
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