Dos & Don'ts

Use Surveillance Video to Show Reasonable Maintenance

October 23, 2010    

Install security cameras not only to help you deter and catch criminals, but also to help you prove to a court whether or when a dangerous condition existed on your property. That's important because the length of time a dangerous condition has existed on your property where an accident...

Don't Try to Use Insurance Clause to Evade Obligation to Indemnify Tenant

February 26, 2010    

Most commercial leases contain an indemnification clause specifying whether and for what amount of money a tenant and owner must indemnify one another when they are sued. A lease may also include an insurance procurement clause that requires the owner and tenant to insure specific areas of the...

Include Security Deposit Clause in Lease

February 26, 2010    

A tenant that moves out before the lease expires may create costly problems for you—namely, finding a replacement tenant. Despite the breach—and the aggravation and cost it has caused for you—the tenant may try to recover its security deposit. That is what happened to a New...

Don't Allow Tenant to Become “At Will” After Lease Expires

February 1, 2010    

Resist the temptation to allow a good tenant to stay after the lease expires, without signing a new one. It will become a “tenant-at-will,” giving it a potentially powerful status—even without a lease. A shopping center owner in Georgia was faced with this situation when a...

Don't Illegally Withhold Tenant's Security Deposit

October 18, 2009    

Three years into a tenant's five-year lease, the tenant and a new business signed a new lease with the owner under which the new business owner was to take over the space, but the tenant would remain responsible for the remaining two years of its original five-year lease.

Never Use Illegal Entry for Nonpaying Tenant

October 18, 2009    

A tenant alleged that after he entered into possession of two units in a commercial building under a rental agreement, he found that the door lock had been changed and a “for rent” sign had been put up. He was told that he had been “locked out” because he failed to pay...

Treat Month-to-Month Tenant as if Under Lease

October 18, 2009    

An owner claimed that a tenant failed to pay rent and other charges in its lease when due and additionally owed holdover rent for the third and fourth years of the tenancy. According to the owner, the tenant owed it more than $3.1 million.

The tenant alleged that the owner was unjustly...

Get Percentage Rent on Revenue from Arcade Machines

June 24, 2009    

If your retail tenants install arcade machines in their spaces to attract customers and boost revenue, chances are you're not collecting all the percentage rent you're entitled to. Many retail tenants install assorted arcade machines—such as video game machines, virtual reality...

Avoid Sharing Pay Phone Revenue with Tenant

June 24, 2009    

Pay telephones can be a good source of additional revenue. Despite the popularity of cell phones, many people still rely on pay phones because they don't have a cell phone or it isn't working properly. But your lease may not give you the unfettered right to install pay phones on the...

Don't Let Tenant Turn Store into Service Center

June 24, 2009    

If a tenant with a successful Web site turns its store into a service center, a display room, or merely a counter where customers can return or exchange purchases from its Web site, there may be no merchandise for sale—and that could spell bad news for your bottom line. The service center...

Don't Put Stock in Oral Promises

April 30, 2009    

Under unusual circumstances, an oral understanding may lead to a legally enforceable contract. But in the leasing area, that's rarely the case.

Control Telecom Service Provider's Use of Garage Rooftop

September 25, 2008    

If you have a freestanding parking garage, make sure that if a telecom service provider (TSP) puts its antenna on the rooftop of your parking garage, you'll get paid for that use.