Commercial Leases Are A Landlord's Best Defense

Commercial Leases Are A Landlord's Best Defense

In the ever-changing world of Wisconsin real estate, a commercial lease is more than just a monthly payment agreement, it is the legal bedrock of your investment. Whether you manage a sprawling industrial warehouse, a high-traffic retail storefront, or a modern office complex, the strength of your lease determines your ability to mitigate risk and maximize profitability. At Foley, Shannon, Powers & Rusch, S.C., our experienced attorneys understand that a "one-size-fits-all" approach simply doesn’t work for commercial properties. We specialize in crafting customized lease agreements that safeguard your interests and provide a clear roadmap for the landlord-tenant relationship.

Beyond the Basics: Navigating the Commercial Spectrum

Commercial real estate carries a different set of legal expectations than residential property. In Wisconsin, commercial parties are often viewed as having equal bargaining power, meaning the courts will strictly enforce the terms as they are written. This makes the drafting phase critical. Our services cover the entire spectrum of a landlord's needs:

Evaluation of Existing Terms
Markets change, and so do legal standards. We meticulously analyze your current lease templates to identify outdated clauses or vulnerabilities. From Triple Net (NNN) structures to modified gross leases, we ensure your terms reflect current market realities and local Milwaukee, Racine, and Kenosha ordinances.

Strategic Drafting and Customization
Every property has unique requirements. A warehouse lease may need specific language regarding hazardous materials, while a retail lease might focus on Common Area Maintenance (CAM) and exclusivity clauses. We draft agreements tailored to your specific business requirements, ensuring clarity on:

  • Maintenance & Repairs: Clearly defining who is responsible for the roof, HVAC, and snow removal.
  • Use Clauses: Restricting the type of business activities to protect your property’s zoning and reputation.
  • ADA Compliance: Outlining responsibilities for accessibility upgrades.

Enforcement and Tenant Compliance
A lease is only as good as its enforcement. We assist landlords in monitoring compliance, from insurance requirements to timely rent payments. By addressing minor breaches early, we help prevent small issues from escalating into costly legal battles.


When Disputes Arise: Breach, Eviction, and Litigation

Despite a landlord’s best efforts, breaches occur. Whether it be non-payment of rent, unauthorized subletting, or property damage, our team employs a strategic approach to resolve the issue efficiently.

The Eviction Process
If a tenant fails to remedy a breach, we guide you through the specific notice requirements, such as the 5-day or 14-day notices required under Wisconsin Statutes Chapter 704, and represent you in Small Claims or Circuit Court to regain possession of your property.

Aggressive Litigation
Should a dispute escalate beyond the negotiation table, our seasoned attorneys are ready to represent your interests in litigation. We work diligently to protect your property, recover lost rent, and defend your investments against counterclaims.


Partner with Proven Real Estate Experts

The difference between a profitable investment and a legal headache often comes down to the fine print. Don't leave your commercial assets to chance. At Foley, Shannon, Powers & Rusch, S.C., we provide the proven real estate law solutions you need to thrive. If you are ready to strengthen your commercial lease agreements or need assistance with a tenant dispute, contact us today to harness our expertise for your property endeavors.

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