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San Jose Real Estate Attorney | Commercial Leases

Real Estate Attorney For San Jose Commercial Properties

Nick Heimlich Law is the leading attorney for commercial real estate law in San Jose. Our firm has worked with various state, local, and federal laws and can help ensure you obtain the best legal resolution.
business disputes nick heimlich lawAttorney Nick Heimlich practices law and advocates for individuals or entities with legal issues. Often many individuals who have small businesses end up with real estate issues. Sometimes a business wants to rent a space for their business and needs help with a review of the lease agreement. Lease review is within our legal expertise and can help a small business owner to understand their legal requirements. Other times a small business owner is leaving a lease or shutting down a business and needs advice with respect to a lease agreement exit. Attorney Nick Heimlich has dealt with clients who are shutting down their businesses or wish to leave a lease. Sometimes the lease agreement turns into a lawsuit, like the landlord suing for past rent. Attorney Heimlich has experience defending commercial tenants from breach of contract cases from real estate leases.

In addition to rental real estate, there are also businesses that purchase real estate for their business. Sometimes that means that multiple people purchase real estate together or sell the real estate. Attorney Heimlich has dealt with issues arising after a real estate sale for a business, such as allegations of non-disclosure.

At Nick Heimlich Law, Attorney Heimlich will provide a range of real estate law services, including leases for commercial tenants, common clauses for commercial leases, and resolving joint real estate ownership issues, like partition agreements.

Contact Nick Heimlich For San Jose Commercial Leases

Contact a commercial lease agreement lawyer to ensure a reasonable lease agreement for your commercial property rental. Nick Heimlich Law will negotiate and draft the terms of a rental arrangement, including the rental amount, lease duration, who can operate on the property, and more. As the leading commercial lease agreement attorney in San Jose,Nick HeimlichLaw can assist with the following commonom clauses in commercial lease agreements:
Filing for San Jose business contract dispute

San Jose Commercial Lease Common Clauses & How To Navigate Them

Term Length

The typical commercial lease agreement in California can last between 3 to 5 years, often with renewals at the end of the term for commercial real esate. Speak with a commercial lease agreement lawyer to discuss the best options for your commercial property.
Lease Contract Renewal
Once the term of the commercial lease has expired, California landlords may wish to increase the rent for a renewal term. Nick Heimlich Law is experienced in negotiating lease renewals that are beneficial to both parties of the lease agreement.

Future Rental Rates

It is common practice to negotiate the terms of the lease, including rate, every few years to align with current market value. Prior to negotiations, commercial leases should include a clause to cover increasing costs annually. These increases may be defined as a fixed amount per sf, or as percentage annual increase. Speak with Nick Heimlich, the top San Jose real estate attorney today to discuss your best options.

Subleasing

Commercial landlords must decide if they are to allow their tenants to sublet their property. If they choose to do so, there must be a clear definition in responsibilities from the owner, tenant, and sublet tenant.

If you need a lease review attorney in San Jose, contact Nick Heimlich Law. Our firm has real estate attorneys with years of experience and knowledge in real estate law in San Jose.

San Jose Partition Attorney

While the broad objective of real estate laws are in place to protect the legal rights of both owner and tenant, the law also has rules about what to do with the shared property. A partition suit may be the best legal solution that helps secure a sale or a refinance (if the parties cooperate) to help change who owns real estate. Often one party no longer wants to own the particular property, so partition is a way to change that. A partition action settles the dispute through a forced sale, then divide the proceeds according to the respective owners’ legal entitlement as stated in the property title and deed and with adjustments via an accounting.

Common Co-Owner Disputes

Residential and commercial real estate often have co-owners in California. Co-owners are defined as any two parties that have split equity in a real estate property. Although there is not a necessary relationship between the parties, common co-owners include:

  • Romantic relationships
  • Parent child relationships
  • Siblings
  • Extended family relationships
  • Co-investors
  • Business partners
  • Post-divorce joint owners 

No matter the reason for the end of the relationship, there is likely only one way way to proceed when one party is unwilling to cooperate with a sale: a partition. Nick Heimlich Law is experienced in assisting you obtain your rightful share of the real estate.

What To Expect In A Partition Action

There are two phases of a partition action in California, forcing the sale of the property and then dividing the sale’s proceeds between the parties. During the second phase, a co-owner may declare offsets for payments to the property in question including potentially: repairs made to the property, property taxes paid, mortgage payments and more. The Court can also award attorney’s fees and costs in a partition action. Realistically, though, a client should realize that even though attorney’s fees and costs may be awardable in a partition action, that does not mean such attorney’s fees and costs will be awarded.

San Jose Alternative Dispute Resolution Services For Businesses

Finding alternative dispute resolution or ADR services in San Jose can be difficult. Our experience and expertise in business dispute resolution can help move your business forward. Nick Heimlich law is here to provide you with an attorney with a strong and balanced approach.

Nick Heimlich law understands how business disputes can happen. They can be a direct result of trust issues that arise among shareholders and CEOs. Communication is the main ingredient in keeping trust going, and when it fails, everything else fails. Good communication is needed to build trust between the two parties.

San Jose business contract dispute
Business mediator for San Jose business contract dispute

There are several ways on how you can keep good communication between parties. One example is providing annual financial statements such as tax records and profits. Being open about your company revenue, expenses and debt will also be helpful. Maintaining transparency with your shareholders by providing them access to significant financial records of your business can help prevent disputes.

Nick Heimlich Law has proven experience in lawsuits and other civil cases. We can also provide legal support for accounting problems and payroll issues. Should you experience any problems, we can assist you in resolving these problems in a court of law or administrative proceedings.

 

Real Estate Law Commonly Asked Questions

What Are My Rights As A Landlord?

As a landlord, you have certain rights, but you should also consider the potential problems of your actions to effectively avoid them. The following are the rights of a landlord:

  • You can deny a tenant permission to enter the property prior to the lease or after a proper eviction through court.
  • You can require prospective tenants to obtain and show you proof of all income sources, like Social Security or W-2 tax documents.
  • You can require prospective tenants to submit credit and criminal background checks to ensure financial stability and ability to pay.
  • You can require that all tenants pass a building safety inspection.
  • You can consult your real estate attorney for an in-depth of your rights as a landlord.

As a landlord, you are also bound by the law from the following:

  • You cannot refuse to accept and return one or more security deposits after the tenant has moved out without a proper legal justification for any withholding and documentation provided in a timely manner.
  • You cannot change the terms of the tenant’s signed agreement without going through due process.

If the tenant breaks a lease, they must follow the rules set out in that lease contract. You can consult with our real estate attorney for in-depth information on what the law requires of you as a landlord.

What Can I Do If I Have A Dispute?

If you believe that the tenant is violating your lease in any way, you can send a written notice to them to inform them about the violation. If the tenant fails to comply, you can go through a legal process if necessary. The court will decide if the tenant will vacate or not.

Please don’t hesitate to consult with our property lawyers near me for more guidance. Nick Heimlich Law has vast experience in dealing with business property issues. Don’t hesitate to contact us for reliable and experienced property lawyers near me.

How Do I File A Partition Action in California?

Ideally, it is advised for the co-owners to settle disagreements outside the court of law. When the circumstances don’t allow it, a partition action is taken.

  1. Any owner can file a lawsuit seeking partition and accounting.
  2. You will have to pay whatever attorney’s fees to prepare the lawsuit and the applicable first paper filing fees for the local court and a process server or electronic filing service.
  3. Then after the lawsuit is filed the entire lawsuit (Complaint, Summons, Civil Cover Sheet, Local Court Forms) are served on the parties being sued.
  4. The Parties being sued have usually 30 days to respond to the lawsuit with a legal filing if the parties were personally served.  If served in another method, then additional time may apply.
  5. The Court will issue usually issue Case Management Conference dates.
  6. After the parties have had any motions, and a few hearing dates, then 1-2 years later, a trial may happen.

Our team at Nick Heimlich Law offers a thorough and competent representation covering all areas of real estate law. Several businesses have benefited from our cost-effective and preemptive approach to real estate cases.

How Long Does It Take To Finish A Partition Action?

Attorney Heimlich is based in Santa Clara County and somewhat familiar with current processing deadlines. Generally, in the bay area of California, the trial will likely not happen for 2-3 years. However, many cases will settle outside of a trial before that. Unfortunately, the Courts are pretty backed up.

Do I Need A Partition Action Lawyer?

If you are involved in a partition lawsuit, you should hire a commercial real estate lawyer to represent you in a partition action. Some legal issues can be complex, making it difficult for someone without experience in this area to win.

What Are Typical Clauses Of A Commercial Lease?

The typical clauses found in a commercial lease are:

  • Address and description of the property.
  • Term of the lease.
  • Monthly rental rate.
  • Deposit amount.
  • Whether the tenant is responsible for paying property taxes and insurance, and the amount.
  • Security deposit amount.

Consult our commercial lease attorney near me for an in-depth guide on commercial leases in San Jose.

How To Fight A Partition Action?

If you have been served with a notice of partition action, you may need an attorney to defend your rights. The assistance of a professional property dispute attorney near me can help you with your partition lawsuit.

At Nick Heimlich Law, our property dispute attorney has helped several property owners in partition disputes. Our years of experience in real estate law have granted us the knowledge to help ensure reasonable settlement terms for our clients.

Is Nick Heimlich The Best Real Estate Attorney In San Jose?

Nick Heimlich Law is skilled in handling the simplest to the more complex real estate cases in San Jose. Our breadth of real estate law experience has accorded our practice with impressive results. Our law firm can offer legal advice, review lease contracts, and other real estate transaction services. Please don’t hesitate to contact Nick Heimlich Law for the best commercial lease attorney near me. We would be glad to be of service.
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