Legal Question in Business Law in Florida
leasing agreement
1. If I start renting a business office as an individual, will I be able to get my personal name ,that appers on the lease, replaced by a company's name upon my business registration?
2. Should the leasing agreement contain the clause that states that?
3.Should the lease contract be redone in that case after business registration?
4.Is it possible to do some kind of pre- contract with security deposit paid to hold the space until I get all licenses, fictitious name and business registration?
Thank you very much!
3 Answers from Attorneys
Re: leasing agreement
These are all things that should be negotiated with the landlord.
Re: leasing agreement
I concur with the other answer all 4 of these issues are up to the lessor. One additional note, be careful if you intend to operate your business prior to incorporation - Florida has specific laws on these issues.
Re: leasing agreement
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Generally the answer is no. Once you enter the lease, the landlord is unlikely to release you from any personal liability. If he/she does, they will require a personal guaranty. Many landlords will hold a space for a short time with a nominal deposit while you obtain necessary licenses, permits, etc.
I strongly suggest that you take care of all matters regarding incorporation prior to signing any lease. A corporation can be written and filed in just a few days. I would strongly suggest that you retain an attorney to review the lease prior to signing. It is far easier to change bad provisions before entering the lease than fighting with the landlord in court later when they become too overbearing.
Scott R. Jay, Esq.
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