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Different Lease clause

Discussion in 'Commercial Landlord & Tenant Issues' started by n41076jem, Dec 6, 2018.

  1. n41076jem

    n41076jem Law Topic Starter New Member

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    Jurisdiction:
    California
    This is a fun question.

    I have commercial tenant and her 3 year lease is up 12/31/2018. She been with me for 10 years. She want to lease for another 4 year.

    She is 70 years old and may want to retire with in the next 4 years.

    I agreed that if she retires and close her business down only, not sell the business. I will let her out of her lease.

    If she does sell her business ( a nail saloon). The new tenant needs approval and will take a 15% rent increase.

    Does anyone know the correct wording for both statements?
     
  2. zddoodah

    zddoodah Well-Known Member

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    I assume you meant salon, not saloon.

    Also, is your tenant the woman to whom you referred or a corporation or LLC?

    Sure, but you're not seriously looking to anonymous strangers on the internet to write your lease, are you?
     
    hrforme likes this.
  3. n41076jem

    n41076jem Law Topic Starter New Member

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    I am looking for basic wording not a whole lease and yes salon.
     
  4. army judge

    army judge Super Moderator

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    Don't rely on FREE advice when money is involved.

    Hire a lawyer to draft the contract, and even then, no contract is bullet proof because all contracts can be breached.

    If your spidey senses are tingling, heed them, don't do the deal.
     
  5. n41076jem

    n41076jem Law Topic Starter New Member

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    I been a Real Estate broker for 30 odd years and never had to to come up with this kind of clause.

    I thought this was a forum. I not new to judicial proceeding. I was just looking some educated direction and discourse.

    It's a weird clause, normal my leases lock tenant down; not giving them loop-holes. I want to give this tenant an escape clause, with out leaving me open to getting used.

    I know what I want is to say something like:

    " With a 30 day notice the lessor shall give the lessee notice of intent to stop all commerce. Vacated the tenement return property to original to original condition.

    Lessee guarantees that lessee is not moving business to new location. The lessee is retiring and will not restart business; namely Nail Salon in new location."

    If Lessee sell business new tenant can assume remainder of lessee lease with a 15% increase in base rent and approval of lessor"


    The wording seem ambiguous and Juvenal. There by setting me up to get slap around by a judge.

    I hate being slapped around

    Jim
     
  6. adjusterjack

    adjusterjack Super Moderator

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    No, what you are looking for is legal advice regarding specific wording of a contract.

    "Educated direction" would be something like "Have a lawyer write it."

    "Discourse" would be something like "I don't think you should give the tenant a get out of jail free card."
     

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