Legal Question in Real Estate Law in California
Commercial rental renewals
A real estate agent is interested in renting a vacant commercial suite however, with the soft economy, he's low balled the rent by half of market value. I'm considering this offer for a one year lease just to not deal with advertising. Is it possible to note in the renewal section the option to renew at the current market rates for the area rather than CPI being the indicator (which means perpetuating a nominal increase on a below the market rent). I don't think San Francisco has rent control for commercial property.
1 Answer from Attorneys
Re: Commercial rental renewals
You can put just about anything in a lease in terms of rent upon exiration - its sometimes referred to as a "hold-over rent" clause. Its generally used to encourage tenants to enter into a new lease before the old lease expires, but could serve to set the new rent much higher at the end of one year if the tenant holds over and you don't negotiate a different deal. Alternatively, during the term of the lease (read the lease you draft very carefully to know what the notice terms are) at 30 days prior to expiration, you can simply give the tenant notice that you are increasing the rent to whatever level you wish at that point. The notice is effective the first day after the expiration of the lease agreement, assuming the tenant does not sign a new lease and becomes a month-to-month tenant at expiration of the lease.
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