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KJK’s real estate leasing attorneys have extensive experience negotiating real estate leases and subleases for a wide range of properties. Our attorneys work on behalf of landlords and tenants to ensure that lease terms are favorable for the parties involved.

We serve clients in areas including:
  • Waivers and subrogation
  • Tenant improvement allowances
  • Environmental risk allocation
  • Assignment and subletting rights
  • Landlord remedies

The above examples are a small sampling of the legal issues that must be understood and dealt with in the context of commercial lease agreements. Our real estate leasing attorneys have a comprehensive understanding and appreciation for the business issues that arise in lease negotiations, including base rent structures and the use of “pass-through” provisions to accomplish the landlord’s financial objective.

Legal Support for Owners and Landlords

Our real estate leasing attorneys represent the interests of landlords and owners throughout the lifecycle of a property. We frequently review and provide input on various agreements that may impact a client’s assets as the project develops. For owners and landlords of existing properties, we assist with:

  • The development and negotiation of leases
  • Reciprocal easement agreements and covenants
  • Coordination with franchisors
  • Property management issues
  • Rent restructuring
  • Co-tenancy discussions
  • Landlord/tenant disputes
  • Responses to SNDA and estoppel requests
  • Modifications related to tenant financing
  • Lease terminations

If you are in the market for a leasing attorney, contact the KJK real estate leasing team. We pride ourselves in building long-term relationships with our clients to better serve every aspect of your commercial leasing needs.

Distressed Leases

Given the current economic landscape, amid a pandemic that has left landlords and tenants seeking relief, our leasing lawyers are on the front line of the distressed lease situation. Landlords across the country lost occupancy due to the pandemic and now find themselves seeking new tenants or renegotiating existing leases.

Our real estate leasing attorneys at KJK help both tenants and landlords renegotiate, terminate or work out the specific burdens they face. When necessary, our real estate attorneys guide clients through reorganization, bankruptcy or litigation by working closely with attorneys in our litigation, bankruptcy and finance practice areas.

The pandemic has underscored the need for careful contracting in commercial leases. Many commercial tenants have found they must continue paying rent despite their businesses being forced to close due to government actions. Landlords, meanwhile, have continued to lose revenue as tenants argue that force majeure clauses in their leases allow them to miss rental payments while they are impacted by the pandemic.

The pandemic will inevitably change the way commercial landlords and tenants interact in the future. The 2021 COVID Relief Bill included changes to bankruptcy law that will place a burden on many commercial landlords. Tenants can now take up to 300 days to decide whether to keep or reject a lease, resulting in 10 months of uncertainty for landlords. Those who file bankruptcy can also request the court to approve a 60-day extension of relief from rental payments.

Leasing Litigation

Having a skilled leasing lawyer in your corner can help substantially mitigate litigation risks for both the landlord and the tenant. However, in commercial lease negotiations, default and litigation are always a risk. Proactive legal steps can help a client on either side of the transaction avoid protracted lease disputes and increase the flexibility for responding to contract performance issues.

To avoid litigation and help our clients reach a satisfactory resolution, we pursue remedies such as:

  • A settlement meeting, which takes place by agreement between the landlord and the commercial tenant to resolve the issues at hand.
  • Arbitration, which requires the involved parties to submit testimony and evidence to an appointed arbitrator, who will then decide the resolution of the dispute. Our leasing attorneys are skilled at helping our clients prepare their cases for arbitration to provide the best odds of a favorable outcome.
  • Mediation, which brings all parties of the dispute together with a neutral third-party to serve as the mediator. The mediator will oversee negotiations and facilitate a potential compromise that is agreeable to all parties. Another advantage to mediation is that under Ohio law, the process and its outcome are confidential.

If attempts to amicably resolve a lease dispute are not successful, litigation is often the only resolution. When litigation is unavoidable, litigation experience is crucial. Ohio’s leasing laws are complex and require a skilled, knowledgeable leasing attorney to navigate any potential litigation. Though our primary objective is to avoid litigation when necessary, KJK has leasing attorneys that are experienced in litigation.

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KJK’s real estate attorneys have experience helping real estate businesses entrepreneurs that lease to tenants of all sizes. Contact us today to discuss how we can help you minimize liability.