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Image: Kirschenbaum & Kirschenbaum, P.C.

Since 1977, Kirschenbaum & Kirschenbaum, has provided the highest quality legal advice and services, whether litigous or transactional.

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Lease concerns from practice perspective?

October 4, 2012
Question:

Jennifer,

I'm in the process of renegotiating my lease and was hoping you would please highlight potential issues particular to my practice that I should be aware of?

Thanks,
Dr. C

Answer:

Well, thats a pretty broad question but to highlight some basics I should start by saying that most leases are based off of standard commercial lease forms; many of which are not tempered to mold with the requirements of a medical practice.  Examples of provisions that may apply to your practice but not other commercial space are the standard hazardous waste provisions, which prohibit many standard substances found in practices from being on the premises.  Another example is signage, which is required by the New York State Education Department and is often prohibited by Landlords.  Other common complaints I hear are when a client requests Saturday hours for patients and the building does not provide heat or AC as all other commercial spaces in the building are closed.  A final issue I've seen in practitioner leases is where space is taken without inquiring whether the building is even zoned for a medical space and allows the requisite sinks, ventilation etc.  Where you are operating in a space not zoned or without appropriate permits where required, you are in violation of the law and also of your lease's regulatory compliance provision - which also renders you in breach of contract.

Of course the above does not capture the exhaustive list of issues that may arise particular to your medical practice.  The first concern you should address is retaining proper legal counsel to assist you in this process, and with an understanding of potential issues relevant to your practice needs as well as practical real estate concerns. To discuss in greater detail contact me at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com.

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