Attach Moving Rules to Lease to Head Off Move-In/Move-Out Disputes

October 28, 2019    

If you’re going to get into a dispute with a tenant, chances are it’ll happen during the move-in or move-out process. While stress is an inherent part of moving, you can go a long way toward preventing disputes and minimizing disputes by getting the tenant to agree to clear moving...

Get 12 Lease Protections When Granting Tenant Improvement Allowances

September 17, 2019    

Offering tenant improvement allowances (TIAs) is a great way to attract and retain small and new businesses that can’t afford the renovations they need to open shop. But it can also backfire if the tenant defaults before moving in or generating the revenues necessary to pay you back. TIAs...

Beyond the Boilerplate: How to Negotiate the Force Majeure Clause

August 20, 2019    

It’s among the least appreciated parts of the lease. But while rent, renewal, and other business terms command most of the attention, the so-called force majeure clause takes center stage when disasters occur. It’s at that point that both landlords and tenants recognize the...

The 12 Dos & Don'ts of Food Hall Leasing

July 23, 2019    

Although the restaurant business is notorious for fads, the food hall has demonstrated that it’s more than just the flavor of the month. Like its cousin the mall food court, the food hall is a mix of retail eateries sharing space within a larger facility. The difference is that food halls...

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.