Commercial Leases

"Litigation may often be avoided through thoughtful planning, but when litigation becomes necessary, we are more than ready.” 

    --Joe House, Founding Partner

The Importance of Retaining an Attorney

A lease is just a contract. It is usually just like many others, and typically based on a form. However, it is controlled by a peculiar combination of the Texas real property laws and the Texas law of contracts. A clear intent in the language is very important, though judge made law has caused some terms and phrases to have meanings that you might not anticipate.

The primary purpose of retaining an attorney to help you with a lease is to make sure the “deal” you are trying to make gets properly included in the document so that it becomes enforceable. Forms are typically modified to suit a specific situation. You just need to be sure they actually do the job you intend them to do.

An attorney is also useful as a middle man to negotiate with your opposite, so that you can maintain a cordial relationship, while asserting your desires in a professional manner.

Another use for an attorney is to inform you of alternative terms or solutions to any specific issues or needs you may not be aware of.

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On a basic level, which type of lease are you pursuing?
  • Triple net?

  • Double net?

  • Net lease?

  • Full gross lease?

  • Modified gross lease?

  • Percentage lease?

  • Or some type of hybrid lease?

 

And as to the terms, you will probably want to consider the details of the following:
  • What is the add-on factor?

  • How is the common area maintenance calculated?

  • Is there going to be a build-out? Who will pay for it?

  • How much is the build-out allowance? How many bids will be required? How will the build-out be managed or monitored?

  • Who will be responsible for repairs? All or just some?

  • What activities will be allowed on the premises? What restrictions will there be?

  • What about parking?

 

Telephone: 281.762.1377

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House Perron & House PLLC

2211 Norfolk Street Suite 1150,

Houston, TX 77098

Phone. 281-762-1377

Fax. 8663427683