Commercial Lease Analysis

Anonymous
timer Asked: Oct 16th, 2018
account_balance_wallet $20

Question Description

Commercial Lease Agreement Discussion Questions:

Review the Commercial Lease Agreement. Answer the questions below with a minimum of 200 words for each answer (a total of at least 1,200 words), and a total of at least three scholarly sources other than the textbook, cited in-text and in a reference list in APA format. While Question 6 directly addresses a Biblical worldview, such principles should also inform your answers throughout.

Add an APA-formatted title page, headers, and page numbers to your answers and submit the completed document through the SafeAssign link in the Assignments folder in Module/Week 4.

1.What is the distinction between a “commercial” and a “residential” lease? In a commercial lease agreement, should the law seek to protect the interests of the commercial tenant more than the interests of the commercial landlord? Why or why not?

2.Sections 5 and 6, respectively, impose on the commercial tenant the obligation of making repairs to the leased property, and of making alterations and improvements to the leased property. Should the lease impose these obligations on the tenant, or should such obligations be legally imposed on the commercial landlord? Explain your answer.

3. In the default provisions of Section 15, what is the landlord’s duty to “mitigate” damages? Should the landlord be required to mitigate? Explain.

4. Sections 2 and 19 discuss the creation of, and the parties’ rights in, the security deposit. Do these rights favor the landlord or the tenant? Is that appropriate? Why or why not?

5. Section 29 requires mediation, followed by arbitration, in lieu of litigation, to resolve disputes. What are the advantages and disadvantages of such a provision? How should the mediator and/or arbitrators be selected?

6. As a businessperson guided by a Biblical worldview, what changes would you make in this lease to make the terms comport more closely to Scripture?

Unformatted Attachment Preview

BUSI 561 Commercial Lease Agreement Discussion Questions: Review the Commercial Lease Agreement. Answer the questions below with a minimum of 200 words for each answer (a total of at least 1,200 words), and a total of at least three scholarly sources other than the textbook, cited in-text and in a reference list in APA format. While Question 6 directly addresses a Biblical worldview, such principles should also inform your answers throughout. Add an APA-formatted title page, headers, and page numbers to your answers and submit the completed document through the SafeAssign link in the Assignments folder in Module/Week 4. 1. What is the distinction between a “commercial” and a “residential” lease? In a commercial lease agreement, should the law seek to protect the interests of the commercial tenant more than the interests of the commercial landlord? Why or why not? 2. Sections 5 and 6, respectively, impose on the commercial tenant the obligation of making repairs to the leased property, and of making alterations and improvements to the leased property. Should the lease impose these obligations on the tenant, or should such obligations be legally imposed on the commercial landlord? Explain your answer. 3. In the default provisions of Section 15, what is the landlord’s duty to “mitigate” damages? Should the landlord be required to mitigate? Explain. 4. Sections 2 and 19 discuss the creation of, and the parties’ rights in, the security deposit. Do these rights favor the landlord or the tenant? Is that appropriate? Why or why not? 5. Section 29 requires mediation, followed by arbitration, in lieu of litigation, to resolve disputes. What are the advantages and disadvantages of such a provision? How should the mediator and/or arbitrators be selected? 6. As a businessperson guided by a Biblical worldview, what changes would you make in this lease to make the terms comport more closely to Scripture? BUSI 561 COMMERCIAL LEASE GRADING RUBRIC Criteria Content Substantive Analysis Advanced Not present 52 – 56 points 47 – 51 points 1 – 46 points 0 points • • • • • • • Completeness and Relevant Issues Points Earned Levels of Achievement Proficient Developing For each answer, substantive legal analysis and arguments are provided. Major points are stated clearly and supported by law and by thoughtful analysis. At least 3 scholarly and legal sources other than the textbook are properly referenced, cited, and integrated into the analysis. At least 2 separate Bible passages are fully integrated in the analysis. • • • A basic analysis is provided in each answer. Most major points are stated clearly and supported by law and by thoughtful analysis. At least 3 scholarly and legal sources are referenced and cited, including the textbook, but may not be fully integrated into the analysis. At least 2 Bible passages are included, but are not fully integrated into the analysis. • • • Issues are noted without in-depth analysis, or are not answered at all. Key points are merely summarized or are omitted, or are substantially unsupported. Fewer than 3 scholarly legal sources are used, or are not integrated into the analysis. Fewer than 2 Bible passages are included, with little or no integration. • Questions in the assignment are not answered, and/or Analysis fails to include scholarly sources and Biblical worldview integration. 26 – 28 points 24 – 25 points 1 – 23 points 0 points • • • • • The majority of the lease provisions are noted and included in the analysis in each question. All of the issues are analyzed. • Many of the relevant lease provisions are noted and included in the analysis. Many of the issues are analyzed. • Significant and legally relevant lease provisions are omitted. Few legal issues are analyzed. • No lease provisions are included or analyzed. No legal issues are analyzed. BUSI 561 Structure Advanced Proficient Developing Not present 14 – 15 points 13 points 1 to 12 points 0 points Correct spelling and grammar are used throughout the paper. There are 0–2 errors in grammar or spelling that distract the reader from the content. There are 3–5 errors in grammar or spelling that distract the reader from the content. There are 6–10 errors in grammar or spelling that distract the reader from the content. There are more than 10 errors in the grammar or spelling that distract the reader from the content, or demonstrates a complete lack or spellchecking or proofreading. APA Format Compliance 14 – 15 points 13 points 1 to 12 points 0 points There are 0–2 minor errors in APA format in the required intext citations and reference list. There are 3-5 minor errors in APA format in the required in-text citations and reference list. There are more than 5 errors in APA format in the required citations, and/or required citations are missing. Citations demonstrate no APA structure or are missing. Word Count 6 points 5 points 1 – 4 points Substantive word count is between 50 and 100 words for at least one of the answers. 0 points There are fewer than 200 words of substantive content for all answers. Grammar and Spelling The minimum word count of 200 words of substantive content is met or exceeded for each answer (1200 total). Substantive word count is between 100 and 200 words for at least one of the answers. COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement (Lease) is entered into on this ____ day of ___________, 20__, by and between __________________ (Landlord) and _________________ (Tenant). Landlord is the owner of land and improvements whose address is: __________________________________. Landlord makes available for lease a portion of the Building designated as ___________________ (Leased Premises). Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and on the provisions set forth herein. THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, it is agreed: 1. Term The Initial Term of the Lease shall begin on the _____ day of _____________, 20__, and end on the _____ day of _____________, 20__. Landlord shall use its best efforts to put Tenant in possession of the Leased Premises on the beginning of the Initial Term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. Tenant may renew the Lease for one extended term of ____________. Tenant shall exercise such renewal option, if at all, by providing written notice to Landlord not less than ninety (90) days prior to the expiration of the Initial Term. The renewal term shall be at the rental set forth below and otherwise on the same covenants, conditions and provisions as contained in this Lease. 2. Rent Tenant shall pay to Landlord during the Initial Term rent of _________________ Dollars ($) per year, payable in installments of _______________ Dollars ($) per month. Each installment payment shall be due in advance on the first day of each calendar month during the lease term to Landlord at the following address: The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. Tenant shall also pay to Landlord a Security Deposit in the amount of __________________ Dollars ($). The rental for any renewal lease term, if created as permitted under this Lease, shall be ___________ Dollars ($) per year payable in installments of _______ Dollars ($) per month. 3. Prohibited Uses Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes of storing, manufacturing, or selling any explosives, flammables, or other inherently dangerous substance, chemical, thing, or device. 4. Sublease and Assignment Tenant shall have the right without Landlord's consent, to assign this Lease to a business with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed. 5. Repairs During the lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. 6. Alterations and Improvements Tenant, at Tenant's expense, shall have the right, on obtaining Landlord's consent, to remodel, redecorate, and make additions, improvements, and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment, and other temporary installations in and that the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures, and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that Tenant shall repair, at Tenant's expense, all damage to the Leased Premises caused by such removal. 7. Property Taxes Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. 8. Insurance If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act of negligence by Tenant or by any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amount as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the particular activities of each in the Building with the premiums thereon fully paid on or before due date. Such insurance policy shall be issued by and binding on an insurance company approved by Landlord, and shall afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage, or combination thereof. Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this term. 9. Utilities Tenant shall pay all charges for water, sewer, gas, electricity, telephone, internet, and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such all such utility charges prior to the due date. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilize excessive electrical energy or that may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Signs Following Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs that are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 11. Entry Landlord shall have the right to enter the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. Parking During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas for Tenant and Tenant's agents, and employees. Tenant shall provide Landlord with a list of all license numbers for the cars owned by Tenant, its agents, and employees. 13. Building Rules Tenant will comply with the rules of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees, and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. The initial rules for the Building are attached hereto as Exhibit "A" and incorporated herein for all purposes. 14. Damage and Destruction If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty, or structural defects, such damage or defects not being the result of any act of negligence by Tenant or by any of Tenant's agents, employees, or invitees, that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor, or other matters that are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence that is beyond Tenant's reasonable control and that renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 15. Default In the event of a default made by Tenant in the payment of rent when due to Landlord, Tenant shall have fifteen (15) days after receipt of written notice thereof to cure such default. In the event of a default made by Tenant in any of the other covenants or conditions to be kept, observed, and performed by Tenant, Tenant shall have thirty (30) days after receipt of written notice thereof to cure such default. In the event that the Tenant shall fail to cure any default within the time allowed under this paragraph, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 16. Quiet Possession Landlord covenants that on performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable, undisturbed, and uninterrupted possession of the Leased Premises during the term of this Lease. 17. Condemnation If any legally constituted authority condemns the Building or such part thereof, which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 18. Subordination Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust, or other lien presently existing or hereafter arising on the Leased Premises, or on the Building, and to any renewals, refinancing, and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust, or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust, or other lien now existing or hereafter placed on the Leased Premises of the Building. Tenant agrees that it will from time to time, on request by Landlord, execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid; stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default); and further stating such other matters as Landlord shall reasonably require. 19. Security Deposit Landlord shall hold the Security Deposit without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that Tenant shall not consider the Security Deposit an advance payment of rent or a measure of Landlord's damages in case of default. Unless otherwise provided by law or regulation, Landlord may commingle the Security Deposit with Landlord's other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit ...
Purchase answer to see full attachment

Tutor Answer

PerfectGrade
School: UCLA

Buddy, I have uploaded the complete paper 15 hours to deadline to allow you adequate time to review it. It has been such a great pleasure working with you. Let me know if you have any question. Otherwise, goodbye for now.

Running head: COMMERCIAL LEASE AGREEMENT

Commercial Lease Agreement
Student’s Name
Institutional Affiliation

1

COMMERCIAL LEASE AGREEMENT

2

Commercial Lease Agreement
Question 1
A residential lease refers to an agreement that allows a tenant to use property provided by
a landlord as living quarters for the set time. A residential lease covers apartments, townhouses,
condominiums, and homes. In such a contract, the use of the property for commercial purposes
should be non-existent. A commercial lease, on the other hand, is an agreement that allows a
tenant to use the property leased for business purposes (Davidson, Steinberg, & Margolis, 2015).
The commercial lease allows for the manufacturing and sale of goods and services from the
premises.
In a commercial lease, the law leans towards the protection of the rights of the
commercial landlord. The assumption during the negotiation of a commercial lease is that the
commercial tenant employs the capabilities, knowledge, and training to conduct the business
ventured into and thus understand the risks involved. In most cases, the commercial tenant is a
limited liability company or corporation making the lease harder to break (Fisher, 2013). The
negotiation of a commercial lease should, therefore, be entered only after thorough consultation
with third-party professionals such as engineers, lawyers, and contractors who can vouch for the
building solidarity and agreement integrity. The interests of the commercial tenant are barely
protected since they are believed to be equal to the commercial landlord in the footing.
Question 2
The obligation of making repairs and alterations and i...

flag Report DMCA
Review

Anonymous
Tutor went the extra mile to help me with this essay. Citations were a bit shaky but I appreciated how well he handled APA styles and how ok he was to change them even though I didnt specify. Got a B+ which is believable and acceptable.

Similar Questions
Hot Questions
Related Tags
Study Guides

Brown University





1271 Tutors

California Institute of Technology




2131 Tutors

Carnegie Mellon University




982 Tutors

Columbia University





1256 Tutors

Dartmouth University





2113 Tutors

Emory University





2279 Tutors

Harvard University





599 Tutors

Massachusetts Institute of Technology



2319 Tutors

New York University





1645 Tutors

Notre Dam University





1911 Tutors

Oklahoma University





2122 Tutors

Pennsylvania State University





932 Tutors

Princeton University





1211 Tutors

Stanford University





983 Tutors

University of California





1282 Tutors

Oxford University





123 Tutors

Yale University





2325 Tutors