​​​​​​​​​​​​​​​​​ THE BOURNE FIRM

​​​​​​​​​​​​​​Experienced on-demand general counsel for small to mid-sized companies not yet ready for full-time general counsel. 

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Contact  : jon@thebournefirm.com  (  303.765.2436
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How to tame the lease beast. 
Real property leases can be incredibly complex. You can convert that complexity into readily resolvable issues, however, with a fundamental analytical framework. Here are three quick tips: 
  • What is important?  Before diving into the details, step back and ask a simple question. What is most important? Commonly critical issues include the description of the property (what really are you leasing), what triggers tenant's right to possession (when you can move in), the obligation to pay rent (when and how much and whether there is a cap), the scope of use and subletting rights (what happens if your business changes or if you have to sublet), the condition of the premises (including who fixes a problem) and default and termination (how and when the lease ends early).  

  • Prioritize the issues. Prioritize what is important. Put priorities in a lease position guide. Rank issues from high to low. This will provide you with further focus when ascertaining how to allocate your time during negotiations. What battles can you can lose? What battles must you win? 

  • Identify best alternatives. In your lease position guide, actually include best alternative language for important issues. Rather than being forced to review numerous sources during negotiations, have options readily available to attempt to creatively resolve crucial conflicts. You more quickly will be able to determine whether to walk away. And you can win the war with maximum effectiveness in the least practicable amount of time.

LEASES.
THE BOURNE BRIEFS.
THE BOURNE FIRM.