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.


Asked on 3/26/09, 5:50 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/27/09, 2:19 pm


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