There has been a rash of lawsuits concerning the Americans with Disabilities Act. In some of these suits, a person will go to a place of business and if there are any aspects of the business that do not fit the ADA's rules and regulations, the individual will bring a suit against the entity.
Commercial real estate is a complex business sector with many ways that well-meaning investors can find themselves on the wrong end of a bad deal. One of the regulatory bodies that seeks to keep dealings in the commercial real estate community above board is the Financial Industry Regulatory Authority, pr Finra, a private regulatory organization. Just recently, Finra expelled a California real estate firm for apparently negligent misrepresentations to investors.
California Governor Jerry Brown recently lent a hand and moved tenants' rights forward in the Golden State, signing a bill which protects the privacy of those who are involved in eviction suits. The bill provides some long-overdue limitations on what information can be released about parties in an eviction suit until there has been a ruling.
If you are considering leasing a commercial property for your restaurant, or if your current restaurant lease is up for renewal, there are some specific contractual issues that you should be sure to give some special attention. One such issue is known as the "use clause," an element of most commercial leases that can be problematic if you are not aware of its provisions. Ideally, you will be able to negotiate some aspects of the clause before signing to ensure you don't run into an avoidable conflict with the landlord in the future.
There are many reasons why the relationship between a commercial landlord and a commercial tenant may sour. It could be because the landlord is not doing their part of the upkeep and maintenance of the space. It might be simply because a particular landlord has changed the strategy for how he or she would like to fill the space. There are countless other scenarios that can lead to to tenant-landlord conflict, but all of them make for a tense work environment where tenants must be vigilant to ensure that their rights are not violated by a negligent or over-zealous landlord.
Your business has expanded to the point you need retail space. Or perhaps you're looking for office space and you decided that space in a shopping center works best for your business and customer base. Regardless of the reason, there are considerations when negotiating a commercial lease. This article discusses some of the common pitfalls to avoid when looking to rent commercial space.
Tenants and landlords throughout the state of California can breathe a little more easily after the passage of a bill restricting the ability of law enforcement to seize real estate and other personal property. The California Assembly recently passed legislation strengthening our civil liberties of due process, and providing stricter guidelines to law enforcement for how they may seize assets they suspect may be related to the manufacture of distribution of illegal substances.