Commercial Leasing

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Commercial leasing is arguably the area of real estate law most closely tied to the day-to-day business needs of our clients. Our leasing practice extends to a wide range of clients, from landlords whose core business is real estate and sophisticated tenants with extensive lease portfolios who have developed high levels of expertise and very precise requirements, to all manners of businesses who, while not focused on the real estate sector, require cutting edge leasing advice to secure premises, which often represent an integral part of their operations and an important component of their budget.

Our lawyers understand that leases reflect a long-term arrangement between two parties and merit careful consideration to ensure the best possible outcome for all parties, not only upon execution but also throughout the life of the lease and upon key events which may arise. We foresee the eventualities that may occur over the term of a lease, from assignments, subleases and change of control to the exercise of tenants' rights and options, and whether to expand, to contract, to exercise rights of first offer or first refusal as well as early termination.

While leases are legal documents, they are first and foremost business instruments that must respond to very precise yet changing operational requirements. Accordingly, they must be approached with a thorough understanding of the business arrangements which underlie all leases, whether net, gross or semi-net/gross. Our professionals have devoted years to developing their expertise in drafting and negotiating sophisticated financial provisions to deal with operating expense recoveries, percentage rent, marketing contributions, tenant allowances and inducements, amortization of capital expenditures, tenant improvements and allocations.

We understand the elements of a lease which may affect purchasers of either a complex, in the case of a landlord, or a business, in the case of a tenant. We put our expertise to work to provide an analysis of key lease provisions to focus on issues of interest.

We also offer strategic advice and legal analysis on lease disputes, default, termination, landlord and tenant rights and remedies, lease interpretation and enforcement.

Our Clients

We act for major real estate investors and developers; pension funds; financial institutions and lenders; real estate investment trusts (REITs); real estate investment funds and institutional investors; private equity funds and sponsors; insurance companies; crown corporations and public and quasi-public entities; office and retail landlords; major tenants; builders, owners and managers of hospitality properties; and developers of commercial, multi-residential, mixed-use, industrial and office properties.

We are passionate about investing in the future. We encourage start-up companies, whether as owners, investors, operators or developers, and also work with existing blue chip investors and development companies.

Our Expertise

  • Office, retail and industrial leases
  • Offers to lease and letters of intent
  • Lease portfolios and restructuring
  • Build-to-suit leases
  • Sale-leasebacks
  • Net, gross, semi-net/gross and base-year leases
  • Lease assignments and subleases
  • Ancillary documents

Primary Contacts

Leader
+1 514 397 4348
+1 604 631 3154
+1 604 631 3266
+1 416 868 3479
+1 514 397 7696
+1 514 397 7501
+1 418 640 2069
+27 11 586 6073