Feature

Dealing with Nonpaying Tenants During Pandemic: The Current State of Eviction Suspensions

May 19, 2020    
How do eviction suspensions impact your legal rights with regard to a tenant in default?  
Negotiating Tips

Leverage Guarantor's Personal Liability to Get Tenants to Pay Rent Arrears

May 19, 2020    
The months of April and May were a nightmare for rent collections. Things may not improve dramatically in June, July, or August. And with evictions temporarily barred in so many jurisdictions, landlords may feel they have no choice but to put up with tenant defaults and negotiate the best possible...
Pop Quiz

Must Landlord Pay for IAQ Improvements Required for Tenant’s Proposed Use?

May 19, 2020    
SITUATION: Just before the pandemic hit, a landlord agreed to lease one floor and the basement of a three-story building previously used for warehousing to a lumber and leather goods store. Although the landlord had to shutter the property temporarily, the deal remained on track. Now the landlord...
Owner Loses

Landlord Must Pay $19.5K for Harassing Tenant

May 19, 2020    
What Happened: While laws banning landlords from harassing tenants are common in residential settings, New York is one of the few states that extends this protection to commercial tenants. A small landscaping business owner claimed that her landlord crossed the line by filing three different...
Owner Wins

Word 'Or' in Renewal Option Is Typo, Not Option to Renew Without Notice

May 19, 2020    
What Happened: A lease stated: “Tenant shall have the right and option to extend the Term for one (1) three (3) year option, exercisable by giving Landlord prior written notice, at least six (6) months in advance of Expiration Date, or Tenant’s election to extend the term; it being...
Owner Wins

Lease with No Specific Termination Date Can Be Terminated at Will

May 19, 2020    
What Happened: Soon after acquiring a hotel, the new owner terminated the lease with the beachside scuba rental concession tenant. The tenant cried foul and sued for damages. The case all turned on the following lease clause: “Term: this lease shall be enforced commencing on September 18,...
Feature

Get Eight Protections When Giving Tenants COVID-19 Rent Relief

April 20, 2020    
While each lease is different, COVID-19 generally doesn’t excuse tenants’ duty to pay rent. But, in times of pandemic, having the lease on your side may not count for much. The simple fact is that for many landlords, strict enforcement of lease rent obligations is not a realistic option...
Dos & Don'ts

14 Things You Must Do Right Now to Manage COVID-19 Infection Liability Risks

April 20, 2020    
One of the great unknowns of the COVID-19 coronavirus pandemic for landlords is the potential liability for infection, including class actions by clusters of employees, tenant employees, visitors, and other persons who claim they got the virus at your property. The key to defending yourself against...
Q & A

Does COVID-19 Business Disruption Excuse Tenants’ Lease Duty to Pay Rent?

April 10, 2020    
Q: If a major disaster that’s totally unforeseen and beyond anybody’s control, like a hurricane or perhaps the worldwide outbreak of a virulent virus, interferes with a tenant’s ability to use leased property for its intended business purpose, does the tenant still have to pay...
Owner Wins

Landlord Not Liable for Tenant's Lost Profits Caused by Construction Work

April 6, 2020    
 What Happened: For Knicks fans, the Michael Jordan’s Steakhouse in the middle of New York City’s Grand Central Station must have felt like an anomaly doomed to fail. And, ultimately, it did. The restaurant lost money, and the owners blamed it on the landlord’s long-running...