Pop Quiz

Does Email Notice of Nonrenewal Satisfy Lease Requirement for Notice by Certified Mail?

February 2, 2024    

Just about every lease includes a provision specifying the methods landlords and tenants must use to provide notice to each other. Deviations from notice requirements are a common source of litigation, especially when notice is required to exercise a purchase, renewal, or other lease option. We...

Does Email Notice of Nonrenewal Satisfy Lease Requirement for Notice by Certified Mail?

November 28, 2023    

Just about every lease includes a provision specifying the methods landlords and tenants must use to provide notice to each other. Deviations from notice requirements are a common source of litigation, especially when notice is required to exercise a purchase, renewal, or other lease option. We...

Are Internet Service Disruptions Grounds for Constructive Eviction?

August 29, 2023    

In this digital age, significant disruption to internet service can inflict massive damage to a business. If that business belongs to one of your tenants, you might find yourself the target of a lawsuit for breach of lease; breakdowns in internet service may also be a defense relieving tenants...

Is Tenant Liable to Landlord for Subtenant’s Lease Violation?

May 1, 2023    

Tenants are generally allowed to transfer their lease interests to a third party as long as the landlord is notified and provides consent in advance. The two basic ways to structure such arrangements are as:

Is Tenant Liable to Landlord for Subtenant’s Lease Violation?

March 23, 2023    

Tenants are generally allowed to transfer their lease interests to a third party as long as the landlord is notified and provides consent in advance. The two basic ways to structure such arrangements are as:

Can Tenants Provide Renewal Notice via Regular U.S. Mail?

October 24, 2022    

“The notice is in the mail.”

Can Tenants Sue Landlords for Environmental Violations Affecting Leased Property?

September 23, 2022    

Suppose a landlord commits a serious violation of environmental laws that renders leased property unsafe for tenants to occupy. What legal remedies would the tenant have against the landlord? Here’s a scenario based on a recent federal case from Pennsylvania that sheds some light on this...

Can Landlord Evict Tenant for Not Carrying Required Insurance?

September 6, 2022    

A commercial lease to an auto shop tenant includes three key clauses:

1. Tenant’s duty to maintain insurance. Section 19 of the lease requires the tenant to maintain fire, business, and liability insurance on the property and name the landlord as an additional...

Did Landlord and Tenant Orally Modify the Lease?

July 20, 2022    

As many of us learned during the COVID-19 pandemic, it’s not uncommon for landlords and tenants to revise their lease terms on the fly in response to changing conditions. The general rule is that it’s okay to revise a written lease, provided that those changes are themselves put in...

Can Landlord Evict Tenant for Not Carrying Required Insurance?

May 23, 2022    

The recipe for legally evicting a tenant contains two essential ingredients:

  1. A valid substantive case—that is, proof that the tenant has violated a material duty under the lease without having a legal defense excusing the default; and
  2. Proper procedures for not only...

Is Tenant Liable for Its Customers’ Conduct in the Common Areas?

April 25, 2022    

A tenant’s customers and other “invitees” can create nuisances or disruptions that not only disturb other tenants but also harm a shopping center, office building, or other property’s image and reputation. While most leases seek to hold tenants accountable for their...

Using 'Bundled' Sales to Circumvent a Tenant's Right of First Refusal

October 19, 2021    

While it normally doesn’t disrupt the lease, the sale of leased property can be disconcerting to tenants. That’s why some tenants negotiate for first refusal rights giving them the option to purchase the property at the same price and terms the landlord accepts from a third-party...