I am planning to start a business in rented place, place is about 10000 sqft.?I need carpeting done who is responsible?
I also need some rooms to be built and some toilets, can I ask landlord to do it?
I am based in MA.
Appreciate advice and suggestions.
4 attorney answers
As a general rule, if the improvement is needed for your business, YOU are most likely going to need to pay for it as part of a commercial lease. Most landlords won't invest money in a property to make the space more usable for tenants, and if they do, they are going to want to recoup that cost from you in rent. That applies to the rooms and bathrooms too. In order to protect yourself, you may need to negotiate a tenant-option to allow you to renew the lease for a longer period of time based on the considerable expense you intend to put into it. In a commercial lease, the parties can negotiate whatever they want, but there is absolutely no way to force your landlord to do it. Also, if the lease has ALREADY been signed, the lease will determine who is responsible for what, and absent some clause that says they will do it, you can ask, but it's really only a favor, they have no obligation to do anything.
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You should negotiate the best possible deal with your landlord.
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This is all a matter of negotiation as my colleague states. This should have been negotiated before a lease was signed but you can still ask for these things.
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This really belongs in the landlord/tenant category since it involves a lease. Short answer is that everything with commercial is theoretically negotiable. Of course, your mileage may vary. Many landlords will agree to do finance and/or perform a build out for their tenants. They aren't doing this gratuitously. Even though that is what is agreed, the tenant still pays for it -- the landlord is using his leverage to finance the build-out and then the rent is set up to allow the landlord to recover his carrying costs in addition to whatever amount he needs to make a reasonable profit on the property. This is often a win-win for both parties. The landlord controls the build-out and attracts better tenants; the tenant benefits by, in essence, financing the build-out through their landlord. Now if you already signed your lease and you are committed, it may be too late to get the landlord to do this. It will likely require renegotiating the lease.
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