Commercial Renters' Rights

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    Types

    • Commercials renters' have legal rights and they also have contract rights. Legal rights are provided by state and federal law, regardless of what your rental agreement provides. Contract rights are negotiated terms within the rental agreement. Contract rights typically include the right to use the property for a purpose that is stated in the rental agreement, the right to make improvements to the property, and the right to remain on the property, without interference from the landlord, for a set period of time.

    Legal Rights

    • Commercial renters have certain legal rights, including the right to privacy on the leased property. This means, for example, that a landlord cannot enter your leased space without a reason, such as in an emergency or to show potential new tenants near the expiration of your lease term, without giving you some advance notice. You also have the legal right to a space that is considered "habitable," which means it cannot be a safety or health threat because of its deteriorated condition.

    Tenant Improvement Budget Rights

    • Often, commercial rental agreements include something called a tenant improvement budget, which generally means that the tenant is entitled to make improvements to the leased property at the landlord's expense. Many landlords will provide the tenant improvement budget as a financial incentive to sign a lease in their building.

    Rent Abatement

    • Many commercial leases also provide for a right to rent abatement during a certain period of time. This means you can occupy the rented space rent free for, say, three months to a year. Landlords provide this abatement period as an incentive to encourage businesses that may be struggling to sign a lease agreement.

    Repairs

    • Commercial renters also have the right to demand that a landlord repair the property. If, for example, the property ever falls below the point of "habitability," then the landlord must perform the necessary repairs to bring the property back to acceptable condition. Additionally, most lease agreements require the landlord to maintain the property in substantially the same condition as it exists at the time of signing the rental agreement.

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