Feature

Set 11 Conditions for Consenting to Shopping Center Assignments and Subleases

May 23, 2022    
As retail and restaurant businesses contract and struggle to survive, many shopping center tenants are looking for ways to get out of their leases. One common exit strategy is for tenants to assign their lease interest or sublease some or all of the leased space to a third party. Tenants are...
Traps to Avoid

Calculating Lease Costs Without a CPA

May 23, 2022    
Certified public accountants (CPAs) don’t work for free. And if you know math, you may not need one to calculate your own real estate tax, cost-of-living increases, operating expenses, and other lease costs you pass along to tenants. However, the money you save on CPA fees by doing your own...
Pop Quiz

Can Landlord Evict Tenant for Not Carrying Required Insurance?

May 23, 2022    
The recipe for legally evicting a tenant contains two essential ingredients: A valid substantive case—that is, proof that the tenant has violated a material duty under the lease without having a legal defense excusing the default; and Proper procedures for not only eviction but also, in many...
Owner Wins

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

May 23, 2022    
What Happened: The employee of a tenant suffered serious injury after a heavy box fell on top of him. The victim blamed the accident on the leaky warehouse roof, which caused the box to become waterlogged and weakened the palette holding it up. He sued the landlord for negligence. His theory: As an...
Owner Wins

OK to Evict Tenant for Growing Marijuana Without a Permit

May 23, 2022    
What Happened: What happens when a tenant signs a five-year lease on a warehouse for use as an indoor cannabis cultivation facility but can’t get the necessary permits because the property doesn’t have an adequate fire sprinkler system? The tenant figured the landlord would install the...
Owner Wins

Court Nixes Tenant's Asbestos Negligence Claim Against Landlord

May 23, 2022    
What Happened: An office tenant moved out when quality testing of the air inside an office building revealed the presence of asbestos at unsafe levels. The landlord sued for unpaid rent, and the tenant countersued the landlord for negligence by undertaking repairs on the roof knowing it might...
Feature

Don't Get Burned When Letting Tenants Contract Their Space

April 25, 2022    
Here’s a four-phase strategy for drafting a lease amendment letting a tenant contract its space.   In a post-pandemic world where a greater volume of work and business will be carried out remotely, many tenants will need the flexibility to not only expand but also contract their space....
Pop Quiz

Is Tenant Liable for Its Customers’ Conduct in the Common Areas?

April 25, 2022    
A tenant’s customers and other “invitees” can create nuisances or disruptions that not only disturb other tenants but also harm a shopping center, office building, or other property’s image and reputation. While most leases seek to hold tenants accountable for their invitees...

From Our Readers: Even If Waived, a Landlord's Right to Timely Rent Can Still Be Restored

April 25, 2022    
Regarding your recent article, “Waiving the Right to Evict by Accepting Late or Partial Payment,” (April 2022), you may wish to advise your readers that if a tenant asserts that a landlord’s past conduct of accepting late payments of rent constitutes either a waiver or a...
Owner Loses

Tenant Not Liable for Elevator Damage Covered by Landlord’s Insurance

April 25, 2022    
What Happened: A government tenant that had leased the floor of an office building for nearly 30 years left behind a mess when it moved out. In addition to removing electronic door locks, office partitions, a fire and alarm system, and other items the landlord claimed as its own property, the...