Provide for 5 Contingencies in Your Assignment/Sublease Clause

March 23, 2023    

Boilerplate leases don’t usually address these scenarios.


Offer New Uses Rather than Rent Cuts for Tenants Adversely Affected by New Laws

February 23, 2023    

Perhaps the only positive aspect of the COVID-19 shutdowns, at least from a commercial leasing perspective, is how it made landlords aware of just how dependent on their tenants they are. The real winners of the pandemic were the landlords that found a way to work together with tenants to adjust...

Get 14 Lease Protections When Letting Tenants Install EV Charging Stations

January 27, 2023    

Jump-start your leases to prepare for tenant demand and legal compliance.


With electric vehicle (EV) purchases on the rise, a new fixture has begun to appear in the parking lots of office buildings, shopping centers, medical facilities, and other commercial properties...

Make Tenant Complete Monthly Sales Report Form to Ensure Full Percentage Rent

December 22, 2022    

Percentage rent tenants are typically required to give landlords the monthly sales reports they use to calculate their percentage rent. All too often, though, the tenant provides only its gross sales figure—the amount on which percentage rent is calculated under the lease agreement. It...

Avoid 4 Costly Pitfalls When Allocating Lease Insurance Duties

November 29, 2022    

One of the few positives to emerge from the pandemic for commercial leasing was how it got landlords and tenants to set aside historical mistrust and work together for their mutual welfare and survival. While the pressing issue at the height of the COVID-19 crisis was restructuring rent...

Cut Losses on Office Tenants' Early Lease Termination

October 24, 2022    

Working from home and other post-COVID business realities have made many office tenants reluctant to sign a long-term lease. One way to overcome this is by offering tenants the option to terminate the lease early if the rent becomes unaffordable or the space becomes unnecessary. But while...

Get 7 Lease Protections When Making Tenant Responsible for HVAC Maintenance

September 23, 2022    

It costs a lot of money to maintain a heating, ventilating, and air conditioning (HVAC) system. There’s also a lot at stake. Keeping the HVAC system humming is crucial to maintaining comfort, ensuring air quality, and, in some cases, preserving tenants’ stored inventory. Accordingly...

Get 12 Lease Protections When Allowing Tenants to Keep Pets at Your Property

August 29, 2022    

Pet rules in a commercial lease? At first, I thought this was a terrible idea for an article. After all, the vast majority of commercial landlords in the U.S. don’t permit pets on the property—to the extent they even consider the issue at all. And it was for that very reason...

How to Negotiate and Structure a Workout with Tenants in Default

July 20, 2022    

With a recession looming, commercial landlords and tenants may once again need to exhibit the flexibility they displayed to get through the COVID-19 pandemic. While helping tenants meet their rent obligations will be the first-choice approach, landlords also need to be prepared in case tenants...

Get 10 Legal Protections When Giving Tenants a Right of First Offer

June 23, 2022    

Offering ROFOs is a great way to attract flourishing businesses. But it comes at a price.


Moving to a different building can be costly and disruptive. Accordingly, tenants that are growing rapidly may seek rights to expand within the building in case they run out of space...

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...

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...