Commercial Leasing
A carefully negotiated commercial lease establishes the foundation for a successful landlord–tenant relationship and the long-term performance of a property. Whether involving retail suites, outparcels, or anchor tenants, a well-drafted lease must define each party’s obligations with precision, from co-tenancy and exclusivity provisions to build-out responsibilities and remedies for default.
At Buckner, Robinson & Mirkovich, our attorneys draft and negotiate leases that reflect both California’s statutory requirements and the sophisticated practices of today’s commercial real estate market. We represent landlords, tenants, and developers across Orange County and throughout Southern California, ensuring every lease we prepare is enforceable, practical, and aligned with our clients’ business objectives.
Negotiation Leverage
Every lease term carries financial and operational impact. Our team focuses on the provisions that drive asset value rent structures, CAM reconciliations, exclusives, co-tenancy triggers, and default remedies. By identifying leverage points early and anticipating disputes before they arise, we help clients achieve balanced, forward-looking agreements that protect ownership interests and maintain long-term tenant relationships.
Tenant Protections
For tenants, clarity is critical. We negotiate terms that define use rights, construction obligations, and assignment provisions in plain and enforceable language. Each clause is structured to preserve flexibility and ensure predictability throughout the lease term. Our detailed approach eliminates ambiguity that could otherwise affect occupancy, financing, or operational stability providing tenants with confidence that their business can grow within the leased space.
Financing Alignment
Commercial leases often serve as collateral for financing, making legal and lender compliance essential. Our attorneys coordinate estoppel certificates, SNDA agreements, and lease abstracts to satisfy lender requirements while maintaining the integrity of the deal. By aligning lease terms with financing conditions, we help clients avoid transactional delays and protect both their property interests and financing objectives.
Institutional Standards
From national tenant forms to heavily negotiated anchor leases, we deliver documentation that meets the expectations of institutional landlords, REITs, and large-scale developers. Our experience allows us to navigate complex negotiations efficiently focusing on substance rather than posturing. The result is a streamlined process that safeguards timelines, reduces friction, and maintains strong working relationships among all parties involved.
Experience You Can Trust
Reach Out To Us
Phone: 714-432-0990
Email:
info@bamlaw.net
Address:
3146 Red Hill Avenue, STE 200, Costa Mesa, California 92626, United States
The Commercial Leasing Process
Commercial leasing in California typically begins with a letter of intent outlining key business terms, followed by a comprehensive lease that defines financial obligations, permitted uses, and remedies for default. Our attorneys oversee each step. This includes drafting, negotiating, and finalizing leases that withstand scrutiny from tenants, lenders, and opposing counsel.
We ensure that provisions such as build-out responsibilities, rent commencement, co-tenancy rights, and renewal options are clearly stated, enforceable, and compliant with California law. Each agreement is designed to minimize risk while preserving flexibility for both landlord and tenant.
Expertise that sets us apart
Our firm’s leasing practice is built on decades of experience representing landlords, tenants, and developers in retail, office, and mixed-use projects across Southern California. We routinely address issues involving ADA compliance, seismic upgrades, hazardous materials, and California-specific disclosure requirements.
Because we also handle property management and commercial tenant disputes, our attorneys understand how lease provisions perform in real-world operations. We draft documents that are not only enforceable in court but also practical for day-to-day management—reducing future disputes and supporting consistent property performance.
Guiding a lease from negotiation to execution
A commercial lease is a dynamic document shaped by negotiation and strategy. Our attorneys manage this process from start to finish. From drafting and redlining terms, coordinating with brokers and property managers, and resolving disputes over signage, exclusives, and operational covenants. We also anticipate lender requirements early, ensuring estoppels and SNDAs are ready well before financing or closing.
By maintaining control of timelines and addressing key issues proactively, we move leases from draft to execution efficiently, without sacrificing clarity or protection.
How this works in practice
For landlords, we secure terms that preserve asset value and protect income streams, including rent acceleration rights, CAM pass-throughs, and default remedies. For tenants, we negotiate provisions that safeguard ongoing operations, such as non-disturbance protections, assignment rights, and enforceable exclusives.
Our process includes:
- Letter of intent review – aligning business terms with enforceable legal language.
- Work letter & build-out oversight – ensuring construction responsibilities, delivery obligations, and timelines are clearly defined.
- Co-tenancy & exclusivity negotiation – balancing tenant protections with landlord flexibility.
- Financing compliance – coordinating estoppels, SNDAs, and lease abstracts in accordance with lender requirements.
Because our attorneys serve as both commercial real estate counsel and property management advisors, we draft leases designed to endure—protecting investments and promoting successful, long-term tenancies.
Serving clients across Southern California
From our offices in Costa Mesa, Buckner, Robinson & Mirkovich represents clients across Orange County, Los Angeles, and throughout California. Our commercial leasing attorneys bring legal precision and business insight to every transaction, helping landlords and tenants establish lasting, mutually beneficial relationships.
Common Questions
1. What are the key differences between a ground lease and a space lease in California?
A ground lease transfers long-term control of land to the tenant, often for development purposes, while a space lease governs use of finished premises within a building or shopping center. Ground leases typically involve financing, construction, and reversion issues that require careful drafting to protect both parties. Our attorneys regularly handle both structures, ensuring compliance with California law and alignment with financing conditions.
2. How do exclusives and co-tenancy clauses affect commercial leases?
Exclusives protect tenants from direct competition within the same center, while co-tenancy clauses allow rent reductions or termination rights if anchor tenants leave. In California, these provisions are highly negotiated and often determine the viability of a lease. We draft clauses that balance the need for tenant protections with landlord flexibility, avoiding outcomes that could undermine property revenue.
3. Why are estoppel certificates and SNDAs important in leasing transactions?
Lenders and buyers rely on estoppels to confirm tenant obligations and SNDA agreements to establish priority between leases and loans. Without these documents, financing and sales can be delayed or derailed. Our attorneys coordinate these deliverables as part of the leasing process, ensuring they are available when needed and consistent with both lease terms and lender requirements.
