If you own a business in Arizona, then commercial real estate laws will influence the way you do business in some form. Whether buying a space for commercial rental or renting a space for a commercial enterprise, an awareness of commercial real estate law will bring more understanding to your obligations and rights in Arizona.
Eviction Laws and Commercial Leases
Paying or receiving rent can be a contentious point in Arizona real estate transactions. Unfortunately, renters can fall behind on their payments for many reasons. It is vital for both lessors and lessees to understand the terms of a rental agreement that apply to rent payment and the actions resulting from non-payment.
Arizona laws address a violation of a lease by a tenant. However, the courts will refer to the terms of a lease agreement in eviction cases. Becoming familiar with the available remedies when a tenant does not fulfill payment obligations provides the lessor with options of receiving payment through other means, such as seizing or selling property or taking possession of specific property.
The lessee should also understand what is at stake. Before any action is taken to secure a form of payment or to pursue eviction, consulting a Phoenix commercial lease negotiation attorney is the best option.
Ensure Accessible Facilities
Owning a business used by the public or that employs more than 15 individuals requires that a business facility is accessible to individuals who are disabled. These standards are set by the Americans with Disabilities Act (ADA). If the space has not been modified appropriately, an agreement should be reached determining who is responsible for covering the modifications and who will pay for them.
Commercial Real Estate and Premises Liability
Multiple individuals can be held accountable for injuries when a property is improperly maintained. Stating who is responsible for the repairs of commercial space, ensuring that lessees maintain safe standards, and following up on work performed by management firms and maintenance contract crews will help to protect against premises liability lawsuits. Again, defining who is responsible for particular repairs in a lease agreement will offer protection against legal action.
Complying with Arizona’s Residential Landlord and Tenant Act
Real estate development in Arizona can be a lucrative business, but it is the responsibility of every landlord to maintain their properties, keeping them in a habitable condition. State laws require a landlord to comply with codes, maintain utility systems, and perform repairs. Additionally, this act specifies a tenant’s responsibility to a landlord. Tenants causing long-term damage to a property may be subject to legal action by the property owner.
Subleases and Commercial Property
Unless otherwise specified in a rental agreement, commercial real estate owners in Arizona may find their property has been subleased by a tenant. While subleasing does guarantee that a property produces income, it does prevent the owner from completing background checks on a tenant before occupying a commercial space.
Commercial Real Estate Law Guidance in Arizona
Arizona commercial real estate owners make valuable investments and should understand how to protect their interests legally. Each situation is unique and requires the dedication and attention of an Arizona commercial real estate attorney to navigate the laws that apply to lessors and lessees. Real estate challenges require creative solutions.
Contact the Law Offices of William D. Black to protect your commercial real estate interests in Arizona. Mr. Black is highly experienced in lease negotiations and real estate law, offering trusted guidance to Arizona business owners for decades. Our law office offers a free consultation to better understand the needs of each client.