Feature

Avoid Liability for ADA Accessibility Violations within Tenant’s Space

June 24, 2019    

Each year, literally thousands of private individuals file ADA lawsuits against landlords for money damages claiming their properties aren’t accessible to the disabled. In many of these cases, the alleged violation occurs not in the common areas but inside the tenant’s premises.

Get 15 Lease Protections When Tenants Use Letters of Credit Instead of Security Deposits

June 6, 2019    

As a means of securing a tenant’s obligations under the lease, a letter of credit (LC) offers distinct advantages over a cash security deposit. The landlord’s underlying assumption is that if the tenant defaults, drawing on the LC will be as easy and automatic as making a withdrawal...

Limit Your Duty to Re-Let After Tenant Defaults

May 20, 2019    

Consider this situation: With three years remaining on its lease, a commercial tenant decides to pull up stakes, vacate the premises, and stop paying rent. The landlord makes no effort to re-let the space and allows it to remain vacant through the end of the lease term. It then sues the tenant...

Put Three Protections in Lease to Prevent Constructive Eviction Claims

April 22, 2019    

“Constructive eviction” happens when a landlord commits a lease violation so egregious that it effectively forces the tenant out. Result: The tenant is free of all obligations and, in many cases, entitled to damages. And while constructive eviction cases used to be somewhat...

Drafting Licenses & Leases for Nontraditional Commercial Space

March 28, 2019    

By Sujata Yalamanchili, Esq. and Elizabeth A. Holden, Esq.

Protect Interests When Dealing with Financially Troubled Tenant

February 12, 2019    

While retail and office building owners field defaults of many kinds from tenants that fail to follow their lease terms, nonpayment of rent is the most common breach of a tenant’s lease. It signals bigger problems for you than just your bottom line being affected in the months that you don...

Get Consent from Tenant to Use Trademark and Logos to Your Benefit

January 17, 2019    

Despite the abundance of online retailers offering great prices and free delivery to customers at the click of a button, shopping centers have slowly but surely made a comeback since the economic downturn nearly 10 years ago. But it’s not enough for center owners to coast on customers...

Negotiate Eight Conditions for Sublease Without Consent

December 12, 2018    

Subleases can be more complicated than they seem. It’s not just a matter of allowing a tenant to give its space either temporarily or until the end of its lease to a replacement tenant. To protect themselves, owners should carefully draft sublease provisions.

Use Radius Clause to Protect Your Percentage Rent from Tenant

November 14, 2018    

Making a profit from tenants at your shopping center or mall depends on many factors—one of which is the key percentage rent arrangement. Percentage rent allows you to collect not only base rent, but also a percentage of the tenant’s gross sales done at the space it leases from you....

Get Control Over Content in 'Short-Form Lease'

October 18, 2018    

If you own a shopping center or office building and have financial difficulties, you may be dealing with one, or even several, liens filed against the property. A savvy tenant knows that if it doesn’t have priority if you become bankrupt, it could be dramatically affected, up to and...

Prevent Detrimental Effects of Large National Tenant's Use Change

September 26, 2018    

Owners who lease space to large national retail tenants know that their demands can be hard to resist. Use of the space is the number one concern for these tenants. Often, they ask for flexibility in their use of the space that puts owners at a disadvantage. A lease that allows a tenant to use...

Draft Favorable Work Letter Terms Before Construction Begins

August 30, 2018    

Many tenants need to customize the space they lease, whether it’s in an office building or shopping center. But altering space—even for simple improvements—can be complicated. So when signing leases, you’ll want to have a work letter agreement—a contract that...