Feature

How to Ensure Your Fair Share of a Tenant’s Sublet Profits

November 25, 2024    
Tenants can come up with clever ways to deprive landlords of sublet profits.    
Winners & Losers

When Does Mutual Mistake of Fact Justify Rescinding a Lease?

November 25, 2024    
Two rulings illustrate how courts make this crucial determination.     Contracts Law, 101: A contract may be rescinded if it later becomes clear that the parties entered into the agreement with the same belief about something relating to the essence of the contract and that mutual belief...
Dos & Don'ts

Coordinate All Lease Notice Agreements

November 25, 2024    
Make sure that all notice requirements in your lease sync up with each other. When notice rules of one provision conflict with those of another, you run the risk of running afoul of notice requirements even if the notice you actually provide satisfies all requirements of the particular clause to...
Dos & Don'ts

Don’t Lease to Government Tenants Until They Get Required Approvals

November 25, 2024    
Don’t sign a lease with a federal, state, or municipal government agency unless and until it gets all of the approvals necessary to enter the lease. If the approvals aren’t all in place, the signed lease may turn out to be void or voidable by the government tenant. Many government...
Owner Loses

Bankrupt Tenant Needn’t File Formal Court Motion to Assume Lease

November 25, 2024    
What Happened: A Rite Aid tenant in Redwood, Calif., notified the landlord of its desire to extend the lease for another five years. But the parent company filed for bankruptcy shortly thereafter. Under Section 365(d)(4) of the bankruptcy laws, a debtor in possession of commercial property has 120...
Owner Wins

Court Pierces Corporate Veil to Hold Owner Liable for LLC’s Rent

November 25, 2024    
What Happened: A landlord leased office space to a limited liability company (LLC A) provider of flexible workspace. An LLC (LLC B) that acquired the tenant a year later approached the landlord about assigning the lease to one of its other subsidiaries, another LLC (LLC C) with just one member....
Owner Wins

Out-of-Possession Landlord Not Liable for Injury to Tenant’s Worker

November 25, 2024    
What Happened: A piece of lumber debris flew off a table saw and struck a nearby worker who was operating a machine called an edge bander. The victim sued the landlord/owner of the woodworking plant where the incident occurred for negligence and under a state labor law designed to protect workers...
Feature

How to Create a Lease Arbitration Clause

October 30, 2024    
Make sure your clause covers 10 key elements.     Going to court is an expensive, time-consuming, and stressful way to work out problems with your tenants. That’s why increasing numbers of landlords incorporate arbitration clauses into their leases.
Drafting Tips

Limit New Tenant's Sales of Items Subject to Existing Tenant's Restrictive Covenant

October 30, 2024    
Here’s a creative solution to “exclusive” restrictions.    
Owner Loses

Landlords Can't Challenge Constitutionality of Unenforced COVID Guaranty Nullification Law

October 30, 2024    
What Happened: At the height of the pandemic, New York City adopted a law permanently voiding personal liability guarantees of commercial lease obligations arising between March 7, 2020, and June 30, 2021, and banning landlords from taking legal action to enforce those guarantees. A group of...