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Published August 31, 2026 Author: Mark Caruso, Partner & Director of the firm’s Real Estate Law Practice Group at Abrams Fensterman, LLP., Brooklyn Metrotech Office. 718-215-5300 |
Commercial Lease Attorneys
Commercial Leasing Counsel for Landlords, Property Owners and Tenants
What Does a Commercial Real Estate Leasing Attorney Do in New York?
A commercial real estate leasing attorney negotiates, drafts and reviews lease agreements for landlords, property owners and tenants, addressing the economic, operational and legal terms that will govern the parties throughout the lease term.
Abrams Fensterman represents commercial landlords and tenants in leases involving office, retail, industrial, restaurant, medical, professional and mixed-use properties, as well as ground leases and other leasehold arrangements. Our attorneys handle the lease lifecycle from letters of intent and initial negotiation through execution, amendments, extensions, restructurings and end-of-term matters.
The firm’s leasing practice also benefits from its integrated Real Estate Litigation capabilities. Experience handling commercial landlord-tenant disputes helps our attorneys anticipate how lease provisions may operate when defaults, assignments, guaranties, surrender obligations or other disagreements arise.
Who We Represent
Abrams Fensterman represents commercial property owners, developers, owner-operators, institutional landlords and commercial tenants. Our attorneys advise clients negotiating individual leases as well as owners and businesses managing leasing matters across multiple properties.
Commercial Properties and Leasing Matters
Our leasing experience includes office buildings, retail and shopping centers, industrial and warehouse facilities, restaurants and food-service locations, medical and professional office space, mixed-use properties, ground leases and leasehold interests, and other commercial occupancy arrangements.
Representing Commercial Landlords and Tenants
Landlords and tenants approach a commercial lease from different economic and operational perspectives. Abrams Fensterman represents clients on both sides of commercial leasing transactions, tailoring the negotiation to the interests of the client represented in the particular matter.
For landlords, representation may include rent and escalation structures, operating expense and tax pass-throughs, permitted uses, assignment and subletting controls, guaranties, defaults and remedies, and surrender obligations designed to protect the property and the economics of the lease.
For tenants, representation may include rent concessions, tenant improvement allowances, work letters, use rights, assignment and subletting flexibility, cure periods, guaranty exposure, construction and delivery requirements, and surrender obligations affecting the tenant’s operations and potential exit costs.
Key Commercial Lease Provisions
Commercial leases allocate significant economic, operational and legal rights between a landlord and tenant. The appropriate terms depend on the property, intended use, bargaining position of the parties and broader business objectives.
- Rent, Escalations and Operating Expenses: Base rent, fixed or variable increases, real estate tax obligations, operating expenses, CAM charges, exclusions, audit rights and reconciliation procedures.
- Ground Leases and Leasehold Interests: Long-term ground lease arrangements, leasehold interests, development and financing considerations, assignment rights, lender protections, casualty and condemnation provisions, and other terms affecting the ownership and use of leased land
- Permitted Use and Exclusivity: The activities permitted at the premises, operational restrictions and, where appropriate, exclusive-use, co-tenancy or continuous-operation provisions.
- Assignment, Subletting and Change of Control: Consent standards, recapture rights, permitted transfers, affiliate transactions, corporate restructurings and continuing liability following a transfer.
- Defaults, Remedies and Cure Periods: Notice requirements, monetary and non-monetary defaults, termination rights, rent remedies and commercially appropriate opportunities to cure.
- Guaranties: Personal guaranties, limited guaranties and good guy guaranties, including scope, surrender requirements and conditions for release.
- Construction and Tenant Improvements: Landlord work, tenant build-out, work letters, improvement allowances, delivery conditions, substantial completion and rent commencement.
- Insurance and Indemnification: Allocation of responsibility for casualty, third-party claims, property damage, insurance coverage and waiver-of-subrogation provisions.
- SNDA and Estoppel Requirements: Subordination, non-disturbance and attornment agreements, lender requirements and estoppel certificates affecting financing, ownership and lease administration.
Litigation-Informed Commercial Lease Drafting
Commercial lease disputes often turn on the language negotiated years earlier. Abrams Fensterman’s leasing attorneys work within an integrated Real Estate practice that includes experienced commercial real estate litigators who handle landlord-tenant disputes, defaults, guaranty claims and other lease-related litigation.
That perspective informs how our attorneys approach default notices, guaranties, assignment provisions, cure rights, surrender obligations and other terms that can become critical when a leasing relationship changes or a dispute develops.
Commercial Leasing Throughout the Lease Lifecycle
Our attorneys advise clients throughout the lifecycle of a commercial lease, beginning with letters of intent and initial negotiations and continuing through lease execution, amendments, renewals, extensions, expansions, contractions, restructurings and end-of-term surrender.
At the outset of a transaction, a letter of intent may establish important business terms such as rent, lease term, renewal rights, tenant improvement allowances, free rent, security and permitted use. Later amendments or restructurings may address changed economic conditions, additional or reduced space, renewal options or other evolving business needs.
Representative Commercial Leasing & Related Real Estate Experience
Why Abrams Fensterman?
Commercial leasing matters often intersect with acquisitions, financing, development, ownership structures and disputes. Abrams Fensterman’s Real Estate attorneys approach leasing matters with an understanding of the broader transaction, property and business objectives involved.
Because the firm also handles commercial real estate transactions and financing, real estate acquisitions and sales and real estate litigation, leasing matters that involve a loan, acquisition, ownership issue or active dispute can be coordinated within the firm’s broader Real Estate practice.
As part of a full-service law firm, our Real Estate attorneys can also collaborate with lawyers across the firm’s Corporate, Commercial Litigation, Health Law, Employment and other practices when a leasing matter implicates broader legal or business considerations.
Frequently Asked Questions
What Is a Good Guy Guaranty in a New York Commercial Lease?
A good guy guaranty is a form of limited personal guaranty commonly used in New York commercial leases. Depending on its terms, it may limit the guarantor’s liability for certain lease obligations after the tenant vacates and properly surrenders the premises. The specific notice, payment and surrender conditions are negotiated as part of the guaranty.
Can Abrams Fensterman Handle Commercial Lease Disputes as Well as Lease Negotiations?
Yes. Abrams Fensterman’s Real Estate Litigation attorneys handle commercial landlord-tenant disputes and other real estate litigation. This integrated capability also allows the firm’s leasing attorneys to draw on litigation experience when negotiating lease provisions involving defaults, remedies, guaranties, assignments and surrender obligations.
When Should an Attorney Become Involved in Negotiating a Commercial Lease?
Legal counsel can be helpful before the principal business terms are finalized, particularly when the parties are negotiating a letter of intent. Early involvement can help identify issues involving rent structure, operating expenses, construction obligations, assignment rights, guaranties, default remedies and other provisions before those terms become difficult to revisit during lease drafting.
