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USA commercial real estate lease law

Posted: August 25th, 2023, 9:07 am
by brightncheerful
I have been asked to advise on aspects of a new lease to be granted on a commercial property in the USA and am comfortable with what is expecteed from me. I'm one of a team of advisers the client ha but I know nothing about USA commercial real estate lease law. So what I'd like to do is read a book on the subject so that at least I'm reasonably au fait with the principles and ideally the subtleites.

Could someone please recomend a book or books I should read?

tia Bnc

Re: USA commercial real estate lease law

Posted: August 29th, 2023, 11:31 pm
by Clitheroekid
The law relating to leaseholds in the US is generally similar to that in the UK, as it derives from the common law. However, the law varies from state to state, so there probably won't be a book that relates to US leases generally.

In any case, as the LTA 1954 vividly illustrates, the common law principles may have been heavily modified by local statute law. For example, in some states there is rent control on commercial leases.

brightncheerful wrote:I know nothing about USA commercial real estate lease law.

I would think you should stop there! As a lawyer I wouldn't dream of advising on the law of a foreign country (at least not without a complete indemnity from the client) and I would have thought that the same principle would apply to a chartered surveyor.

Apart from any other considerations your professional indemnity insurance would almost certainly not cover you in respect of advice you provide relating to a lease in a foreign jurisdiction.

Re: USA commercial real estate lease law

Posted: September 1st, 2023, 10:18 am
by dionaeamuscipula
brightncheerful wrote:I have been asked to advise on aspects of a new lease to be granted on a commercial property in the USA and am comfortable with what is expecteed from me. I'm one of a team of advisers the client ha but I know nothing about USA commercial real estate lease law. So what I'd like to do is read a book on the subject so that at least I'm reasonably au fait with the principles and ideally the subtleites.

Could someone please recomend a book or books I should read?

tia Bnc


I'm not a property or legal professional but I've read a few UK commercial leases and a few US commercial leases and the law may or may not be similar, but the structure of the documents is completely different. I'm with Clitheroekid, I wouldn't go anywhere near one in a professional advisory capacity.

DM

Re: USA commercial real estate lease law

Posted: September 1st, 2023, 10:26 am
by monabri
brightncheerful wrote:I have been asked to advise on aspects of a new lease to be granted on a commercial property in the USA and am comfortable with what is expecteed from me. I'm one of a team of advisers the client ha but I know nothing about USA commercial real estate lease law. So what I'd like to do is read a book on the subject so that at least I'm reasonably au fait with the principles and ideally the subtleites.

Could someone please recomend a book or books I should read?

tia Bnc



Sorry but "comfortable with what is expected from me" and "recomend (sic) a book"... :?:

Re: USA commercial real estate lease law

Posted: January 1st, 2024, 6:22 am
by leojones
brightncheerful wrote:I have been asked to advise on aspects of a new lease to be granted on a commercial property in the USA and am comfortable with what is expecteed from me. I'm one of a team of advisers the client ha but I know nothing about USA commercial real estate lease law. So what I'd like to do is read a book on the subject so that at least I'm reasonably au fait with the principles and ideally the subtleites.

Could someone please recomend a book or books I should read?

tia Bnc

Certainly! A highly regarded book on commercial real estate leasing in the USA is "Negotiating Commercial Leases & Renewals For Dummies" by Dale Willerton and Jeff Grandfield. It provides practical insights and guidance on various aspects of commercial leasing, making it a valuable resource for someone looking to familiarize themselves with the topic.

Re: USA commercial real estate lease law

Posted: January 1st, 2024, 10:41 am
by DrFfybes
leojones wrote:Certainly! A highly regarded book on commercial real estate leasing in the USA is "Negotiating Commercial Leases & Renewals For Dummies" by Dale Willerton and Jeff Grandfield. It provides practical insights and guidance on various aspects of commercial leasing, making it a valuable resource for someone looking to familiarize themselves with the topic.


I think sacking Sam Altman should have been done a decade sooner.

Re: USA commercial real estate lease law

Posted: January 1st, 2024, 7:20 pm
by Clitheroekid
leojones wrote:Certainly! A highly regarded book on commercial real estate leasing in the USA is "Negotiating Commercial Leases & Renewals For Dummies" by Dale Willerton and Jeff Grandfield. It provides practical insights and guidance on various aspects of commercial leasing, making it a valuable resource for someone looking to familiarize themselves with the topic.

You forgot to add:

However, keep in mind that legal literature can be subject to updates and changes, so it's essential to check for the latest editions or supplementary materials.

Additionally, consulting jurisdiction-specific resources or seeking advice from a local real estate attorney familiar with the laws and practices in the relevant state can provide tailored insights for your client's situation.


Always good to Chat! ;)