Unfortunately, many lawyers hired to review commercial leases confine their representation to a cursory review of the Lease and Rider, and typically Good-Guy Guaranty, and tell their client where to sign and advise them how much it will cost in terms of the first month’s rent, and security deposit, and maybe give them some insight into the Good-Guy Guaranty, which of course, are all very important.
At the Law Firm of Steven R. Sutton, we take a very aggressive approach to commercial lease review, and utilize the “Memorandum Method”, an approach devised by founding attorney, Steven R. Sutton, in which a Memorandum of Objections is generated by our office, and following review by the client is forwarded to the Landlord’s counsel.
One benefit of this technique is to save hours of “talk-time” first with the client his or herself, and then with the attorney for the Landlord.
Second, the Memorandum prepared takes a very aggressive approach at eliminating many unfair provision often contained in Landlord’s proposed Leases such as “Conditional Limitations” and Notice Provisions whereby your commercial lease can be terminated simply by sending a notice to the Tenant without even litigating the issue involved.
We also take a very aggressive approach with respect to “recapture” provisions set forth in proposed Good-Guy Guaranties, whereby Landlords are attempting upon the proper exercise of a Good-Guy Clause termination to “recapture” many proper monetary concessions given by the Landlord upon lease execution, such as “free rent”, and even try to get back brokerage commissions from the Tenant upon such proper exercise of the termination clause set forth in the Good-Guy Guaranty.
At the law office of Steven R. Sutton we take a very aggressive approach to Commercial Lease Review and attempt to get a “Clean Break” upon exercise of a Good-Guy termination, and fight against inappropriate “recapture” provisions inserted into such clauses, as well as “Notice Termination” and “Conditional Limitation” provisions included in proposed commercial leases by over-aggressive Landlords and their counsel.
Contact the Law Office of Steven R. Sutton immediately upon receipt of a proposed Commercial Lease so that we give you fair and thorough representation and attempt to “bend back” inappropriate pro-landlord provisions such as these and make all efforts to secure a fair and reasonable commercial lease for you and your business.
And then, approximately two years later, the Sutton Firm was victorious, following a four-day trial, in securing the dismissal of essentially all of the Plaintiff’s meritless claims for a declaration that he was a partner in the businesses of the Defendants, and for money damages for the four prior years in which the plaintiff was claiming profits were due him as an alleged “partner".
In fact, following cross-examination by Mr. Sutton, and the close of the plaintiff’s and Defendant’s cases, and following summations by the parties, the Court expressly said, in its oral Decision from the bench, that it did not find the plaintiff to be credible.
The case and the Court’s determinations are presently on appeal by the plaintiff, but it is expected that the plaintiff will not be successful.