Business Tenant Rights
Business tenants have rights to their property that stem from their lease agreement, and state and federal law. State laws vary depending on what state you live in, but most states provide many of the same basic rights. Rights in lease agreements can vary greatly depending on its terms and conditions.
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Generally
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Business tenant rights come from the law and from the lease agreement. Most business tenant rights founded in the law cannot be waived, even if you sign an agreement in which you purport to waive those rights. As for rights in the lease agreement, these rights are entirely dependent on what you negotiated to be included in the lease agreement before you signed it.
Time Frame
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Contractually and legally, business tenants have the right to remain in their leased space until the expiration of their lease term. Lease terms are as defined in the lease agreement, but if the lease agreement does not define the lease term, then the lease term is provided by state laws. When lease agreements are silent, most state laws provide for a tenancy at will, which means the landlord can evict the tenant at any time after giving at least 30 days written notice.
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Privacy
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All business tenants have the basic right to privacy on the leased property. This means that if the landlord wants to enter the property for any reason, he must first notify and obtain consent from the tenant. Most lease agreements and state laws require tenants to not unreasonably withhold consent. And, most lease agreements and state laws provide that in certain emergency situations the landlord can enter the property even without permission.
Repairs
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Business tenants have the right to require landlords to repair and maintain the property in reasonable condition. Most of these rights will depend on the terms and conditions found in the lease agreement, so it is wise to negotiate into the lease agreement a minimum standard that the landlord must maintain. Some state laws provide that leased property must be maintained in the same condition as it existed at the time of signing the lease agreement.
Improvements
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You may have the right to make improvements to the leased property, but generally, this is a term that must be negotiated into the lease agreement. Most state laws are silent regarding a business tenant's right to improve the property. If you do have the right to improve the property, you should assume that unless your lease expressly states otherwise, you need your landlord's consent before actually making an improvement. The landlord cannot unreasonably withhold consent.
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