We have a full service commercial and residential department that can assist you with a wide range of leasing/landlord-tenant matters. If you are considering buying, selling, leasing, or investing in commercial real estate property you should consult our firm to ensure that your transaction and leases are structured in the most beneficial way.
Our firm assists clients with the following commercial and residential real estate and leasing issues:
As attorneys with decades of experience representing both landlords and tenants, large and small, throughout New York City and Nassau County, our attorneys can identify areas in which both landlords and tenants (merchants, professionals, restaurants, religious organizations, etc.) are routinely at a serious disadvantage in dealing with other more experienced parties.
We regularly see commercial leases and subleases, often involving churches renting out space to schools or other congregations, which are not properly negotiated. A well drafted lease can minimize a client’s likelihood of litigation, or their exposure when it happens. We have represented hundreds of landlords and tenants in drafting and negotiating leases and in litigating disputes.
Quite often we see leases that were prepared by clients themselves, or their “closing” (transactional) attorneys, that are either insufficient, bare bones, or otherwise inappropriate to the particular business or entity involved. Sometimes this is the result of relying too much on Blumberg® forms or other prior leases. Other times it is a result of drafting by attorneys who don’t handle litigation resulting from landlord/tenant disputes so they aren’t aware of the pitfalls that they need to protect their clients from. As litigators representing both sides of such disputes (many attorneys limit their clients to only landlords or only tenants), we are in the unique position of being able to anticipate the other side’s perspective and strategy, both when we litigate and when we draft documents to help our clients avoid future litigation.
As attorneys who have and do represent large and small landlords alike, we are in the best position to provide both sophisticated representation to land owners, real estate investors and developers, as well as to tenants who don’t currently have proper representation. Most clients tell us that they’re glad they hired us first, because they wouldn’t want to go up against us!
Landlords usually know that they must have qualified, knowledgeable, and aggressive attorneys on their side, otherwise they have not done their due diligence in protecting their investments. Tenants should be no different. Tenants are no less “in the business” of leasing than they are in any other aspect of their business. By way of example, a significant part of a restaurant’s business is reducing overhead and protecting its investment, particularly in the event it wants or needs to sell its business. The single most important item in selling a business is the remaining term of the lease, and rights of renewal, assignment, etc. This must be addressed at the inception, at time of renewal, or other significant event, otherwise it can become a very costly proposition. We have the know-how and experience in these matters to help you protect and promote your interests, whether you’re the landlord or the tenant.
When representing tenants, we often hear, “it’s a ‘Blumberg®’ form, I thought you can’t change it.” First of all, landlords almost universally add riders favorable to them to these Blumberg® form. Second, when representing tenants we regularly negotiate changes to not only the riders, but the Blumberg® form portion as well. We have found that there are sometimes mistakes and poorly drafted clauses inapplicable to a particular situation in those forms, and know that almost they are often inapplicable or improper in many circumstances.
Rent is often the single largest, or among the largest, component of a merchant or professional office’s monthly overhead, after possibly payroll and if applicable, stock. Businesses are bought and sold based upon the value of the balance of their leases, often making the lease on of the business owners’ most valuable commodities.
As experienced and successful litigators, we regularly see the damage done by poorly negotiated or drafted leases. It’s similar to a doctor who treats illnesses and regularly sees patients whose diseases are preventable. By helping clients negotiate their leases, either in advance or upon renewal, we can and often do practice preventative legal medicine. if the damage has already been done, we often find a fix that can save clients tens of thousands of dollars and help save their businesses.