Feature

Make 15 Lease Revisions When Tenant Is a Legal Marijuana Business

May 28, 2024    
Both cultivators and retailers pose unique challenges.    
Dos & Don'ts

Don't Leave Blanks in Printed Lease Forms

May 28, 2024    
If you use a standard lease form that includes blanks for listing appropriate information, don’t leave any of the blanks empty. If you do and end up in a dispute with a tenant, you open the door to the court’s interpreting the meaning of the blank space using “parol” or...
Dos & Don'ts

Send Required Notices Even If Tenant Already Has the Information

May 28, 2024    
It’s important to send tenants and other parties all notices the lease requires you to provide even if you think they already know the information the notice contains. Your supposition about the tenant’s knowledge may be 100 percent correct. But even if the required notification would...
Owner Wins

OK for Landlord to Lock Out Smoke Shop Tenant for Selling Prohibited Products

May 28, 2024    
What Happened: A shopping center lease allowed the tenant to use the premises “solely for a tobacco, cigar, and vape store,” and “for no other purpose unless approved in writing by” the landlord.
Owner Loses

Mutual Mistake Is Grounds for Rescinding Auto Repair Shop Lease

May 28, 2024    
What Happened: A landlord and tenant sign a three-year lease on a parcel of real estate containing three garage bays for use as an auto repair shop. Soon after the tenant opens for business, citizens complain about the lack of parking near one of the bays. The city investigates and discovers a 30-...
Owner Wins

Tenant's Failure to Carry Required Insurance Is Grounds to Evict

May 28, 2024    
What Happened: A convenience store tenant signed a lease requiring it to carry certain insurance at its sole cost and expense during the lease term, including at least $1 million in general liability insurance, worker’s compensation insurance required by law, and plate glass insurance. The...
Owner Wins

Landlord Can Collect Attorneys' Fees from Guarantors But Not Tenant

May 28, 2024    
What Happened: After finding it liable for lease violations, a court ordered a restaurant tenant and its guarantors to pay damages to the shopping center landlord. It also held them jointly and severally liable for the nearly $40,000 in attorneys’ fees the landlord incurred in bringing the...
Feature

Ask 10 Questions Before Leasing to a “Legal” Marijuana Business

April 29, 2024    
Your due diligence must account for special legal risks.     At least some form of marijuana is now legal in all but six states. In addition to a wildly popular product, marijuana ventures have lots of capital and a pressing need for commercial space, especially in the 24 states (and the...
Pop Quiz

Is Landlord Liable for Third-Party Criminal Attacks that Occur on Tenant’s Leased Premises?

April 29, 2024    
About every 30 seconds, somebody commits a violent crime in the U.S., according to the FBI. Crimes occur in stores, malls, office buildings, restaurants, bars, nightclubs, theaters, medical centers, parking garages, and countless other kinds of properties that are commercially leased. And when they...
Owner Loses

Tenant Doesn't Have to Pay Tax Increase on Improvements that Benefit Only Landlord

April 29, 2024    
What Happened: A lease required the tenant that would occupy 45 percent of the space in a four-story building to pay 42.98 percent of the taxes on the property. The agreement contained a tax escalation clause requiring the tenant to pay the proportionate share of tax increases on the building. The...