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Tempe Arizona Business Law Blog

Real estate: Dealing with your landlord if a dispute occurs

It is safe to say that most commercial tenants and landlords are professionals who share a mutual interest in fostering a good relationship. Despite this, misunderstandings can arise or one party can make a simple mistake that may or may not violate the rights of the other party. While either party in a commercial real estate contract can be on the negative end of a dispute, this post will focus on the tenant who feels he or she has been wronged in some way.

Unless a tenant has already been involved in a real estate dispute, he or she may not know the best way to deal with the landlord while seeking a resolution. This is where an attorney can be of great value. For example, a lawyer will listen to the tenant's side of the dispute very carefully and use the facts of the case to suggest a course of action. This course of action will also contain advice on how to handle the landlord going forward.

Tips to use when negotiating a commercial lease in Arizona

If you use leased commercial space to operate a business in the Tempe region of Arizona, you probably want to make sure you get the best deal. After all, the amount you spend on real estate will have an effect on your bottom line. Landlords are also interested in protecting and enhancing their own bottom lines by charging tenants as much rent as they can get by with. Finding a mutually beneficial middle ground can be a challenging endeavor for business owners in the area.

One thing that comes as a surprise to some business owners is that you can actually negotiate your rent in many cases. This can put at least some measure of control right into your hands as a tenant. You need real estate and the property owner needs income; this can set the stage for successful negotiations. Below are a few tips to use when you are negotiating a potential lease.

Own a small business? Why you may benefit from having a lawyer

The field of business law typically brings images of huge corporations to mind. While business law attorneys do work with large companies, they are also invaluable to the small business as well. The Tempe region of Arizona is home to many small businesses, and we believe legal services can benefit each one of these enterprises.

Not all business law services involve litigation or corporate mergers. In fact, many of a lawyer's duties center on helping businesses function in an efficient manner while also protecting their interests. For example, say your business is ready to hire new employees. A lawyer can help you draft sound and binding legal documents such as nondisclosure contracts or employment agreements. Other important duties a business law attorney performs include:

  • Advising founders and owners about Arizona business law
  • Assisting in the formation of a business
  • Creating protection strategies for intellectual property
  • Helping owners understand compliance laws regarding employment, taxes and other issues
  • Drafting shareholder or partnership agreements
  • Serving as a one-stop resource for a business's entire legal document needs
  • Assisting with a business's employment structure
  • Advising business owners on employment disputes
  • Representing a business in any type of litigation

Business law | How a shareholder's agreement can save the day

When two or more people decide to start a business together, they do so with only the best intentions. Usually, these intentions include making a commitment to put the business first on a long-term basis and agreeing to work together for the good of the company. In this way, business formation is much like a marriage. Also like a marriage, breaking the business up is often quite complicated.

Continuing with the marriage analogy, business partners can remove some of the complexities of ending a business relationship by making a legal agreement much like a prenup. This is called a shareholder's agreement and it offers many benefits in terms of business law. Some of these benefits include:

  • Specifies how shares are purchased or sold if the partnership breaks down
  • Specifies steps to keep the business within the "circle of the founding partners"
  • Prevents an exiting partner from selling his or her shares to an outside interest
  • Sets forth necessary procedures if a partner dies or becomes disabled
  • Specifies how payments will be made if the business becomes involved in a buy-sell process
  • Details any restrictions regarding the transfer of shares to any third parties

Ideas are expensive. Protect them.

As a business innovator, you understand the behind-the-scenes work that goes into a new project or idea before it is presented to the public. Turning these dreams into reality requires a significant investment of your time, energy and money. If you've found it harder and harder to create or market new ideas, you're probably not alone. How can these obstacles be overcome in a business environment?

New ideas are harder to come by

According to the Centre for Economic Policy Research, the development and production of new ideas are actually becoming more difficult. The study points out that weak growth in research productivity has led to fewer research efforts, and thus, lower productivity growth in the economy overall. What does this mean for your business? 

Real estate: A brief look at Arizona's foreclosure process

For many, losing a home to foreclosure feels like failing at life itself. Owning your own home is a large part of the American dream; once you lose it, you have to begin building your dream all over again. It is definitely a setback to achieving one's life goals.

Taking the mystery out of this area of real estate law cannot return your home to you, but it might make you feel better about your ordeal. This post will provide a brief systematic explanation of how nonjudicial foreclosures work in Arizona.

When does landlord monopolization cross the line?

Times are hard for renters, especially in mid-size to large cities. Competition to rent is steadily increasing, and renters are left with little to no option than to take overpriced apartments with strict contracts written to favor the landlord. When landlords use questionable tactics to evict renters so that they can get higher rent, when it is time to say "enough is enough" and fight back?

This blog will provide a brief overview into how tenants are fighting back with the assistance of advocates who can help them stand up for their rights.

How do I evict a commercial tenant?

As a property owner, you prefer for all of your commercial tenants to enjoy booming success. Unfortunately, this is not how the market works, and sooner or later, you may face a dilemma surrounding whether or not to evict a commercial tenant. While it is possible to evict a commercial tenant on a number of grounds, it is usually most successful to pursue eviction due to nonpayment of rent.

If you choose to move forward with the eviction, it is always wise to send the tenant an eviction notice, even if your lease does not explicitly require you to do so. The notice should be specific about how much rent is past due and how long the tenant has to pay it in full to avoid eviction.

Judge orders arbitration for dispute involving Diamondbacks

For several years, the beloved Arizona Diamondbacks and Maricopa County have been embroiled in a real estate dispute. Recently a judge with the Maricopa County Superior Court ordered the two entities to work out the issue in arbitration. The judge also urged both parties to reach a speedy resolution.

The dispute centers on Chase Field, the home of the Diamondbacks. Reportedly, the field is in need of repairs and improvements that could cost more than $185 million. The baseball team asserts that the county has neglected to provide repairs to the stadium. In turn, Maricopa County says it will pay for "significant capital repairs" but is not responsible for any cosmetic upgrades made to the stadium.

Forming a company in Arizona? Learn the basics before you begin

To many Arizona residents, having a company of your own is a large part of the American dream. Thanks to modern business laws, that dream can be a reality and it is much easier than you might think. We want to devote this blog post to providing our readers with basic information so that forming a limited liability company (LLC) does not feel overwhelming.

It only takes five steps to create an LLC business. Of course, these separate steps require a bit of effort on your part, but the good news is, a lawyer practicing in the field of business law can help you tackle the legwork.

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