Commercial Lease Agreements vs. Residential Lease Agreements California commercial  lease agreements and residential lease agreement have a few major differences between them. In California, there are a few legal protections available for commercial leases in comparison to residential lease agreements. For instance:

• Consumer Laws: Many consumer laws which apply to residential lease agreements do not apply to commercial leases. California state laws provide less legal protection to business owners against consumer protection against dishonest landlords because  it is assumed that business owners are more knowledgeable people.
• Negotiable Lease Terms: Landlords of commercial leases usually allow business owners to negotiate more flexible lease terms in order to accommodate each business tenant. Unlike residential terms which are not as negotiable however, many California state laws have been enacted to protect residential lease agreements from including discriminatory or unlawful terms in their lease agreements.
• Residential Lease Agreements Generally Longer Terms: Many California commercial lease agreements have long terms, such as several years. While, on the other hand, in most cases residential leases are for no longer than a year or are month-to-month.
• Commercial Lease Requires Liability Insurance: Landlords of commercial leases usually require business owners to carry commercial liability insurance in the event someone is injured on your premises or some type of loss occurs. Often times commercial landlords will require that business owner to include their landlord as an named insured on the policy. However, the lease times under liability insurance may not require the landlord to include the business tenant as a insured. It is recommended that you negotiate those terms and request that the landlord also include your business as a named insured on the landlord's insurance policy.

Before signing a commercial lease agreement, it is vital that you review all the terms and ensure that the terms included in the lease agreement will meet the needs of your business. Failure to review the terms thoroughly prior to committing to and signing a lease can lead to unfortunate consequences in the future. Thus, if you are a business owner and wish to enter into a commercial lease agreement it is vital that you have a experienced Glendale business attorney review your commercial lease agreement prior to signing in order to avoid adverse consequences in the future.

• Attorneys Fees Clause: Generally in California, Attorney's fees provisions means that in the event of a law suit or dispute each party bears its own attorney’s fees. While there are exceptions to this general rule, if a commercial lease provides that the prevailing party will recover its attorney’s fees and costs, generally that provision is enforceable, assuming that the matter is litigated to judgment. California Civil Code §1717(a) makes attorney fee clauses or provision binds both parties to the clause. Attorney’s fees will be provided to the prevailing party regardless of language limiting the right to one party. In other words, if the lease contains an attorney’s fee clause, a prevailing party/tenant will be awarded attorney’s fees even if the lease only discusses an award of attorney’s fees to the landlord.

These are only a few things a business owner should consider when entering into a commercial lease agreement. Our experienced business law in Los Angeles, CA are available to review for your commercial lease agreement and consult with you on which provisions need changes to ensure you rights are protected.  Call (310) 943-1171 and speak with a Los Angeles business law attorney. We are available 24-hours a day.

KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.

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Major proposed key changes for Assembly Bill 729, marijuana licensee in California should know about! Accordingly, the bill allows its licensee or employees to "refuse to sell marijuana to a person who is unable to produce adequate personal identification showing that he or she is 21 years of age or older and to seize any personal identification presented by a person that shows the person to be under 21 years of age or that is false, as specified.

Can I Sell Marijuana Products in Vending Machines?

No. Assembly Bill 729, prohibits the sale, offer for sale, or distribution of marijuana or marijuana products in a vending machine or appliance, or any other coin- or token-operated mechanical device designed or used for vending purposes.

What Signs Are Marijuana Licensees Required to Post at the Business Location?

Assembly Bill 729 require a licensee to post a sign, , and a that reads “” and to include language on the sign that reads “” In other words, if you are an licensed dispensary and an authorized licensee, than you must also include language on the sign that reads without

What Occupations Are Covered Under H-1B Petition For Foreign Employee?

Prior to preparing the H-1B petition for a foreign employee, US employers shall determine whether the specific occupation falls under the H-1B category or not. Currently, the H-1B category covers only foreign employees who come to US to perform services in a specialty occupation or are models of distinguished merit and ability.

Specialty Occupation

A specialty occupation is an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty as a minimum for entry into the occupation. To qualify as a specialty occupation, the position must meet one of the following criteria: (1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; (2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; (3) The employer normally requires a degree or its equivalent for the position; or (4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree. INA § 214.2(h)(4)(iii)(A). Some occupations clearly fall under the specialty occupation for H-1B purposes, and employers do not have to do much to show that the offered position is in a specialty occupation. The list of these occupations includes, but is not limited to, lawyers, accountants, engineers, architects, psychologists, scientists, and financial analysts. For these occupations, employers do not need to submit extensive evidence to show that the position is in a specialty occupation. For other occupations, which do not clearly fall under the specialty occupation category, employers will have to demonstrate that the position is in a specialty occupation. Employers can demonstrate that the position is in a specialty occupation by showing that it meets one of the criteria specified in the Immigration and Nationality Act. The adjudicators at USCIS rely on the Department of Labor’s Occupational Outlook Handbook to determine whether the position is in a specialty occupation or not. This handbook specifies the duties and requirements for different positions, including the requirements for entry into the specific occupation. The Handbook can serve as a comprehensive guide for employers to determine whether the specific position will qualify as a specialty occupation or not. Employers shall keep in mind that the H-1B category does not cover all the occupations, but only specialty occupations. Hence, employers shall determine whether the specific position is in a specialty occupation, and only after that shall start working on the H-1B petition. If the position is not in a specialty occupation the H-1B petition will not be successful, and employers should think about alternatives.

Without proper agreements and contracts in place, tech startups in Los Angeles can quickly face serious legal challenges. Since many entrepreneurs have limited funding, they often hesitate to hire a business startup lawyer to manage their legal operations. However, at our firm, we understand the hard work and effort that go into building robotic startups, developing software, and programming innovative solutions. As a result, we offer various fee and payment options tailored specifically for startups. Notably, one of the primary concerns for programmers and developers is how to protect their intellectual property (IP) and proprietary rights, whether for software, applications, or other tech products. Below are some of the most commonly used agreements for tech startups, robotic companies, developers, and programmers:

Intellectual Property Licensing Agreements

Licensing agreements are one of the most crucial documents that tech startups rely on to protect their intellectual property, including software and other intangible assets. Key elements to include in a Licensing Agreement: