Why Tenants Need A Strategically Negotiated Lease

Why Tenants Needs A Strategically Negotiated Lease

For a business, a physical location is often its most significant overhead and its most valuable asset. However, many tenants sign lease agreements under the impression that "standard" contracts offer built-in legal protections. In the state of Wisconsin, this is a dangerous misconception. Unlike residential leases—which are governed by strict consumer protection laws—commercial leases are viewed as contracts between two equal business entities. This means the law generally assumes you know what you are signing, and courts will enforce the "fine print" exactly as written. At Foley, Shannon, Powers & Rusch, S.C., we help tenants across Milwaukee, Racine, and Kenosha secure favorable terms that protect their bottom line and their future.

Strategic Advocacy for Commercial and Residential Tenants

Securing a lease is about more than just the monthly rent. It’s about ensuring that the space works for your business today and can adapt to your needs tomorrow. Our tenant-focused services provide comprehensive protection:

Meticulous Review and Evaluation
We look past the surface-level terms to identify "hidden" pitfalls that could jeopardize your operations. Our attorneys scrutinize the "standard" language to catch high-risk clauses, such as ambiguous maintenance requirements that could hold you responsible for pre-existing structural issues or expensive HVAC replacements. We also audit how Common Area Maintenance (CAM) fees are calculated to prevent landlords from passing on unfair administrative costs. Most importantly, we work to protect your personal assets by limiting the scope of personal guarantees, ensuring your individual liability is minimized if the business faces a downturn.

Professional Negotiation
You don't have to accept the first draft a landlord presents. We act as your voice at the negotiating table to secure "tenant-friendly" concessions that are often overlooked. This includes negotiating exclusivity clauses to prevent a landlord from leasing adjacent space to your direct competitor, as well as securing assignment and subletting rights that give you the flexibility to move or sell your business without being trapped in a long-term lease. We also prioritize renewal options to lock in predictable rent increases and ensure you have the first right of refusal to stay in your space.

Ensuring Legal Compliance
Wisconsin law provides specific frameworks for how notices must be served and how disputes must be handled. We ensure your lease is legally sound, which gives you a fair window to resolve potential issues, such as a late payment or a minor technical breach, before a landlord can initiate an eviction.


Litigation Support: Your Shield in Disputes

Even with a well-drafted lease, disagreements can arise regarding property maintenance, security deposits, or unexpected "constructive evictions" (where the property becomes unusable). If your rights are being infringed upon, our team provides expert litigation support. We advocate for your interests in and out of the courtroom, seeking remedies like lease reformation, damages for business interruption, or the enforcement of repair obligations.


Your Partner in Southeastern Wisconsin Real Estate

Whether you are a startup signing your first storefront lease or an established corporation expanding into a new industrial park, the legal team at Foley, Shannon, Powers & Rusch, S.C. is here to ensure the scales are balanced. Don't sign away your rights. Contact us today to schedule a lease review and step into your new space with confidence.

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