Leasing

Jostock & Jostock, P.C. represents owners and tenants in structuring, drafting and negotiating all manner of leases and subleases (and master leases), including ground leases, synthetic leases, leveraged leases, build-to-suits and financing leases. We handle leases for office buildings, industrial facilities, distribution centers, warehouses, manufacturing facilities, restaurants, other retail leases and a variety of other commercial lease transactions, lease-backs and sale arrangements. These transactions often include financing and equity participation arrangements, transfer tax issues and property tax issues.

Our firm has extensive experience in sale-leaseback arrangements, which is advantageous to buyers and owners of businesses who need to achieve substantial infusions of capital without incurring debt that would potentially be incurred, or who simply wish to monetize a greater portion of the appreciated value of their real estate than with a traditional financing. We represent both the purchaser-landlord (the party providing the capital infusion to the business) and the seller-tenant (the party receiving the financing) in these complex transactions.

We regularly represent clients as landlords and tenants in lease negotiations for space in sophisticated office, retail and industrial markets.  Our firm has considerable experience in the areas of purchase options, space construction, rent escalation clauses and leasing brokerage issues.  Working in conjunction with property owners, we have developed novel leasing structures in order to attract top-quality tenants while limiting the exposure to owners and lenders of the increased costs associated with such leases. We regularly assist in contract negotiations, financing arrangements and ground leases.  The focus of this activity ranges from downtown urban office buildings to suburban office campuses to industrial parks and manufacturing spaces.

Additionally, Jostock & Jostock, P.C. represents and advises landlords and tenants on the full spectrum of commercial leasing transactions including preparing, negotiating and reviewing office, ground, air, mineral, industrial and retail leases as well as other types of occupancy agreements.  We assist clients in preparing lease forms, property management agreements, early access and indemnification agreements, lease termination and settlement agreements, telecommunication agreements, brokerage agreements, requests for proposals for building services and agreements for building services such as concierge agreements.  We represent our clients in forcible entry and detainer actions and other lease disputes including those that entail litigation and those that are settled outside of court.  Our wealth of experience in representing landlords and tenants enables us to review and prepare documents efficiently, while also allowing us to identify real-world issues and provide creative solutions.

Key Areas of Service:

  • Commercial, industrial, retail, master and traditional leases;
  • Ground, air rights and mineral rights leases;
  • Leases of partial interests; and
  • Sale and lease-backs.
  1. Please feel free to contact us with any questions, comments or if you would like to set up a consultation