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Five Quick Bullets for a Tighter Lease [Lowndes Leasing Lawyers]

September 30, 2021

Shareholder Shawn Rader shares five tips for avoiding potential pitfalls in commercial real estate leases.
Here are five quick tips for tightening a commercial real estate lease and avoiding potential pitfalls down the road.

  1. The Parties

    It is amazing how often the identity of the parties to a lease becomes a problem. The names of the landlord and tenant appear more often than not in the introductory paragraph to the lease; in the definition section of the lease; and on the signature block. Make sure the names are identical for each.

    In addition, make sure that any corporate entity is properly identified. Pull a report from the company’s state of incorporation to confirm its name and its active status. An individual signing on behalf of a corporation or limited liability company, partnership, or other entities should make sure that the signature block is set up to identify the company or entity as the tenant with the signor’s position with the company (e.g., president of the corporation or managing member of the LLC) properly reflected.

  2. Rent Commencement Date

    It is not uncommon for the lease commencement date to differ from the rent commencement date. Tenants often need to get into the space to complete their improvements in order to open the business, and landlords will allow that period to pass without the collection of rental. [Read more]
This blog was originally posted on Lowndes Leasing Lawyers.

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Shawn Rader focuses his practice on real estate litigation, commercial litigation, commercial leases and senior housing, and is a member of the firm’s practice groups that deal with these topics.

A frequent author and speaker, Shawn is a charter member of the American Bar Association Title Insurance Litigation Committee, serving as its first Vice-chairman in 1993, and as its second Chairman the following year. He is a member of the Florida Land Title Association, where he is a charter member of the Title Claims Roundtable.

He has had four articles published in the Florida Bar Journal, and was the co-author of the Title Insurance Law Article in the ABA Tort & Insurance Law Journal, Vol 31, No. 2 (Winter 1996).  Shawn served as Chairman of the Florida Bar Grievance Committee for Orange County and also served as President of the Orange County Bar Association Legal Aid Society.  He was Chairman of the City of Orlando Civil Service Board, served as Chairman of the City of Orlando Chapter 57 Board, and Vice Chairman of the 2012 Orange County Charter Review Commission.  Shawn is also a member of the Honorable Order of Kentucky Colonels.

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