Plugging Loopholes

Require Tenant Notice of Default to Avoid Surprise Claims in Court

January 22, 2021    

Litigation is a big hassle, and when you resort to it you want to be sure you collect as much as possible from tenants who have left the space and are no longer paying rent. But your lease may have a loophole that defaulting tenants can rely on to get a court to reduce or even...

Ensure Post-Assignment Lease Changes Don’t Let Original Tenant Off the Hook

March 17, 2020    

The nice thing about lease assignments is that you can always go after the original tenant if the assignee violates its lease obligations. At least that’s the common assumption. But if you modify the lease after the assignment, you could end up inadvertently losing your right to hold the...

Get Right to Remove Tenants’ Signs Temporarily During Construction Work

November 21, 2019    

Disputes are apt to arise when temporarily covering or removing a tenant’s storefront sign becomes necessary for the landlord to carry out building work. Tenants have an obvious interest in keeping their signage clear, visible, and unobstructed by scaffolding and such, especially during...

Keep Tenants from Introducing Topless Entertainment

October 28, 2019    

One thing to look out for when leasing to bars, restaurants, nightclubs, and other entertainment establishments is unanticipated—and unwanted—use changes after the business opens. Such changes may include the introduction of topless dancing. Needless to say, this is the kind of thing...

Standard Entry Clause May Not Give You Right to Inspect Space

July 23, 2019    

Landlord shall have the right to enter tenant’s space at any time to examine the same, and to make repairs, replacements, and improvements [emphasis added].

Addressing the Special Concerns of Companies That Use Co-Working Spaces

March 28, 2019    

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

Co-working spaces look like cool, hip, innovative spaces, so you may have wondered if you can do your job in one of those spaces. Could a law firm or just an individual attorney sit at a table for a day, type away, and...

Spell Out Right to Keep Unapproved Sublet Profits

October 18, 2018    

When you negotiate a lease with a tenant, you and your attorney try to cover all your bases—drafting provisions that protect you in every conceivable circumstance under which the tenant would breach the lease during the lease term. However, one situation isn’t as common as other...

Add Protections to Make Tenant's Contraction Option Airtight

July 19, 2018    

During the economic downturn several years ago, contraction options—which let tenants give back part of their space during their leases and pay a lower rent—became popular because downsizing was one way for tenants in trouble to scale back costs. But two now-common commercial real...

Plug Five Loopholes in Damage and Destruction Clause

May 29, 2018    

Unfortunately, fires, floods, and other casualties can happen at the shopping center or office building you own. If you’ve signed typical leases with your tenants, they probably place some limits on your restoration obligations. But after a casualty, it may not be cost effective or...

Add Three Protections to Lease with High Electricity Consumption Tenant

August 24, 2017    

Tenants who have a high electricity consumption can pose problems that you might not have considered when negotiating your leases. And a tenant that uses a typical amount of electricity now could need more later, or sublet or assign its lease to a high-power tenant. So, the message should be in...

Negotiate Authorization to Charge Tenants for Upgraded Security

May 18, 2017    

Continuing advances in technology have made it easier than ever for commercial real estate owners to have the most effective security equipment for their properties. But upgrading and increasing security measures is expensive. And although the right security plan can save you money from...

Use Indemnity Agreement to Ensure Tenant's Viability

April 26, 2017    

Performing due diligence on a prospective tenant is one way to try to determine whether the tenant is financially viable. But what if you end up leasing to a tenant that proves to be a risk, no matter how careful you thought you were when researching it? One example of a risky tenant is one that...