Whether you are a landlord drafting a commercial lease or a tenant negotiating terms, our Mankato attorneys protect your interests in all types of real estate leasing transactions across Southern Minnesota.
Commercial leases are complex legal documents that govern the relationship between landlord and tenant for years or even decades. Unlike residential leases, commercial leases are largely unregulated and the parties have broad freedom to negotiate terms. This means that the specific language in the lease controls virtually every aspect of the relationship including rent, maintenance responsibilities, insurance requirements, permitted uses, assignment and subletting rights, and default remedies.
Our attorneys draft and negotiate commercial leases for both landlords and tenants. For landlords, we create lease agreements that protect the property, ensure reliable income, and provide clear remedies for tenant default. For tenants, we negotiate favorable terms including rent escalation caps, tenant improvement allowances, exclusive use provisions, co-tenancy clauses, and options to renew or expand. We handle all types of commercial leases including gross leases, net leases (single, double and triple net), percentage leases and ground leases.
Agricultural leases are the backbone of farming operations throughout Southern Minnesota. Whether you are a landowner leasing cropland to a tenant farmer or a farmer seeking additional acreage, the lease terms significantly affect both parties’ financial outcomes. Common agricultural lease structures include cash rent leases (where the tenant pays a fixed annual rent), crop share leases (where the landlord receives a percentage of the crop), and flexible cash rent leases (where rent adjusts based on commodity prices or yields).
Our attorneys draft agricultural leases that address the unique considerations of farming operations including crop insurance responsibilities, conservation compliance, CRP program obligations, drainage and tiling rights, hunting and recreational access, building and improvement ownership, and termination notice requirements. Under Minnesota law (Minn. Stat. § 500.25), agricultural leases of more than one year must be in writing, and proper termination requires written notice by the date specified in the lease or by default on September 1 of the year preceding termination.
Minnesota residential leases are governed by Minn. Stat. Chapter 504B, which provides significant protections for tenants while establishing landlord rights. Our attorneys draft residential lease agreements that comply with all statutory requirements including security deposit limitations (Minn. Stat. § 504B.178), required disclosures, prohibited lease provisions, and proper notice requirements for termination and rent increases.
For landlords with multiple residential units, we create comprehensive lease packages that include the lease agreement, rules and regulations, move-in/move-out inspection forms, lead paint disclosures (for pre-1978 properties), and other required documents. We also advise landlords on fair housing compliance, reasonable accommodation requests, and proper screening procedures. Our goal is to create clear, enforceable lease documents that minimize disputes and protect your investment.
When lease disputes arise, the specific language of the lease agreement and applicable statutory provisions determine each party’s rights and remedies. Common commercial lease disputes include disagreements over maintenance and repair obligations, CAM (common area maintenance) charge calculations, permitted use violations, assignment and subletting disputes, and holdover tenancy issues. Our attorneys resolve these disputes through negotiation, mediation and when necessary, litigation.
For landlords seeking to enforce lease terms or remove non-compliant tenants, we handle breach of lease actions, eviction proceedings, and damage claims. For tenants facing improper charges, maintenance failures or wrongful eviction attempts, we assert tenant rights under the lease and applicable law. Our litigation experience in Blue Earth County and surrounding courts gives us practical insight into how local judges handle lease disputes.
As business needs change, lease terms often need to be modified. Our attorneys handle lease renewals and extensions, ensuring that updated terms reflect current market conditions and the parties’ evolving needs. We negotiate rent adjustments, term extensions, expansion options, and updated maintenance and improvement obligations. We also handle lease assignments and subleases, which require careful attention to the original lease’s consent provisions and the assignee’s qualifications.
For commercial tenants looking to exit a lease early, we negotiate lease termination agreements, buyout provisions, and sublease arrangements that minimize financial exposure. For landlords dealing with tenant requests to assign or sublease, we evaluate proposed assignees, negotiate assumption agreements, and ensure that the original tenant’s obligations are properly addressed. Every lease modification should be documented in a written amendment signed by both parties to avoid future disputes.
Build-to-suit leases and tenant improvement (TI) agreements involve significant investment by one or both parties in customizing a space for the tenant’s specific needs. These arrangements require careful documentation of the scope of work, cost allocation, construction timeline, approval processes, change order procedures, and ownership of improvements at lease termination. Disputes over construction quality, cost overruns and timeline delays are common without proper documentation.
Our attorneys draft and negotiate build-to-suit leases and TI agreements that clearly allocate responsibilities and risks between landlord and tenant. We address issues including TI allowance disbursement procedures, construction lien waivers, insurance requirements during construction, rent commencement triggers, and the treatment of improvements at lease expiration (removal obligation vs. landlord retention). Proper documentation at the outset prevents costly disputes during and after construction.
In a gross lease, the tenant pays a single rent amount and the landlord pays all operating expenses (taxes, insurance, maintenance). In a net lease, the tenant pays base rent plus some or all operating expenses directly. A single net lease passes through property taxes; a double net lease adds insurance; a triple net (NNN) lease passes through taxes, insurance and maintenance. The lease type significantly affects the tenant’s total occupancy cost and the landlord’s management burden. Our attorneys help both parties understand the true cost implications of each structure.
Under Minn. Stat. § 500.25, an agricultural lease for a definite term expires at the end of the term without notice. However, if the lease is for an indefinite term or contains an automatic renewal provision, written notice of termination must be given by the date specified in the lease. If no date is specified, notice must be given on or before September 1 of the year preceding the intended termination. The notice must be in writing and served on the other party. Failure to provide timely notice results in automatic renewal for another year.
No. Minnesota law prohibits self-help evictions for both residential and commercial tenancies. Under Minn. Stat. § 504B.225, a landlord cannot lock out a tenant, remove their property, or shut off utilities to force a tenant to leave. The landlord must use the court eviction process regardless of how clear the tenant’s default may be. Engaging in self-help remedies can expose the landlord to significant liability including damages, attorney fees and penalties. Our attorneys guide landlords through the proper legal process for removing defaulting tenants.
Repair and maintenance responsibilities in a commercial lease are determined entirely by the lease terms. Unlike residential leases where the landlord has statutory maintenance obligations, commercial leases allow the parties to allocate repair responsibilities however they choose. In a triple net lease, the tenant is typically responsible for all repairs and maintenance. In a gross lease, the landlord handles most repairs. The key is clear lease language that specifies exactly who is responsible for what, including structural repairs, HVAC systems, roof, parking lot and common areas.
Our real estate attorneys handle all types of leasing transactions and disputes.
Contact us today for a consultation.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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