Sherman Law LLP

Commercial Leasing & Property Management

We are a Kitchener law firm with over 40 years of firm expertise in the field of commercial leasing and property management servicing clients in Waterloo Region and surrounding areas. We offer guidance and practical assistance in most areas of commercial leasing law in Ontario. We act for landlords and tenants in the preparation and negotiation of a variety of commercial leases. We handle routine lease transactions, and we have the skills and experience to deal with more complex leasing matters.

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Let us put our real world knowledge to work for you.

At Sherman Law LLP, our competitive regional advantage lies in our real world knowledge and experience with commercial landlord and tenant remedies, and our extensive experience advising business owners and entrepreneurs. We are business-minded lawyers who move deals forward to get the deal closed. Our lawyers understand your objectives by working with you to achieve them, whether it is negotiating a lease, landlord representation, partnership and shareholder disputes, or lease defaults and rent collections. Through a practical application of our expertise, we will keep your needs and goals at center to our negotiations.

Our Kitchener commercial leasing and property management lawyers have over 40 years of firm experience assisting landlords and tenants in preparing and negotiating routine and complex commercial leases and related documentation for retail, office, industrial, and medical/dental premises. Our landlord clients include small business entrepreneurs, private property owners, corporations, property managers, and large asset managers. We assist landlords and tenants in connection with disputes and litigation relating to lease provisions and property management services. We provide practical legal advice on lease defaults, risk allocation, insolvency matters, and the interpretation of all aspects of leases, including in relation to maintenance and repair obligations, operating cost, and realty tax disputes.

Why should you have your offer to lease reviewed by a lawyer?

When leasing a property for your business, you may deal with a commercial realtor who represents a variety of properties, or directly with the owner or property manager. In these cases, you would benefit from having a lawyer review any offer to lease agreement or lease agreement prior to signing. The lease agreement will normally include such terms as the length of the lease, rental payments and common area charges. The lease also discloses the items that are the financial responsibility of the tenant and those that are to be paid by the landlord. Maintenance such as janitorial, landscaping, and snow removal are often in addition to the base rent. Other reasons why you may wish to have a lawyer review your offer to lease may include:

  • Exclusive use clauses
  • Leasehold improvements

  • Personal guarantee's

  • Assignment or sublet rights
  • Insurance issues
  • Parking issues
  • Access issues
  • Security issues

What is a gross lease?

A gross lease is a lease that includes all of the expenses of operating the premises in the monthly rental charge.

What is a net lease?

A net lease is lease where various expenses of operating the premises are added by the landlord onto the basic monthly rent, which are often referred to as common area maintenance (CAM), for a total net rent, and can vary depending on what additional charges are included or excluded from the basic rent.

What is a triple-net lease?

A triple-net lease is a lease where the tenant agrees to pay for all of the utilities, maintenance costs, repairs, insurance, and property taxes of the building in addition to the basic monthly rental charge. These additional charges are often referred to as common area maintenance (CAM). These additional charges can be considerable.

Why are zoning and by-laws an important consideration?

You should always check municipal zoning by-laws to ensure that the municipality will permit you to operate your business in the leased premises. Municipalities typically zone properties and buildings by the nature of business activity allowed in the rented premises, such as office/professional, retail, industrial, or medical/dental. You must ensure that any property you are considering to rent is zoned for your proposed use. You also should review if the landlord has any restrictive covenants that would restrict your use or prohibit your from competing with another tenant in the complex.

Who is responsible for renovations or upgrades on leased premises?

You should check the terms of your lease to determine which party is responsible for renovations or upgrades to the leased premises. Frequently, any fixtures or improvements that you add to the unit become part of the rented premises and are considered the property of the landlord once the lease is terminated. You should not be afraid to negotiate the best deal possible on a lease. If your lease is for more than one year, if you are the major tenant in a building, or if you are leasing a large amount of space, you can often negotiate with the landlord to get a better deal.

Understanding your business needs is our top priority.

Many of our lawyers have experience within the property management industry and have years of experience working directly with landlords. We assist clients in achieving the best results possible, including commercial tenants who often retain Sherman Law LLP to review and assist them in the finalization of their leases and related documents. You will benefit from our real world business knowledge and industry experience combined with the entrepreneurial approach we apply to our clients’ projects.

Our team of Kitchener commercial leasing and property management lawyers can assist you in the following areas:

  • Commercial landlord and tenant negotiations and disputes

  • Retail leasing

  • Lease interpretation including advising on special rights, operating costs, realty tax issues, risk allocations, and maintenance and repair obligations

  • Lease defaults including rent collections, terminations and evictions

  • Lease disputes and litigation relating to lease provisions and property management issues

  • Representation at mediations, arbitrations, and providing neutral case evaluations

  • Property and asset management services

Do you want to learn more about commercial leasing and property management?

For over 40 years, clients have trusted in our ability to explain their rights and obligations with respect to commercial leasing and property management. We are confident that you will appreciate our professional and personalized service. We invite you to browse our website and read the positive things others have to say about us. To benefit from our knowledge and experience with respect to your commercial leasing and property management, please contact 519-884-0034 or send us an email. Many of our clients are referred to us by former and current clients, as well as by lawyers, accountants, and financial advisors. We serve clients in Kitchener, Waterloo, Cambridge, Guelph and surrounding areas.

Connect with a lawyer in our firm with expertise in this area

Kenneth L. Sherman

Kenneth L. Sherman