Q & A

Collecting Higher Base Rent Using Previous Percentage Rent Figures

October 18, 2017    

Q: As the owner of a strip mall, I’m always looking for ways to bring in more income. I’m negotiating leases with some prospective tenants to fill vacant space. They’ll be paying percentage rent and base rent. Are there any...

Deeming Transfer of LLC Interests as Assignment

September 21, 2017    

Q: I’ve found a tenant that’s perfect for my retail space. Because of the synergy I’ve created among tenants at the shopping center, it’s crucial that this tenant mustn’t assign its lease to any type of business...

Getting a Lease Termination Right for Tenant with Incorrect Gross Sales Report

May 18, 2017    

Q: I’ve negotiated percentage rent provisions in my leases with several of my retail tenants at the shopping center I own. I’m relying on these tenants to give me correct gross sales figures so that I can get the percentage rent...

Overcoming Tenant’s Request for Judgment without a Trial

April 12, 2017    

Q: A provision in my lease with a retail tenant specifies that the tenant must fix any damage to the elevator that it uses as part of its business. I recently discovered that the equipment has been damaged, so I sent a notice to cure to the...

Accepting Rent After Taking Steps Toward Eviction

March 15, 2017    

Q: My tenant’s retail business is in trouble, but instead of closing, the tenant is trying to find a buyer. I had previously obtained an eviction order because the tenant had defaulted on its rent obligations. Now, the tenant has...

Require Tenant to Cover Up Unsightly Equipment

January 24, 2017    

Q: The office building I own is located in an up-and-coming neighborhood that consists of retail, office building, and residential apartment properties. It’s a so-called “upscale” shopping and living area, and I’d like...

Spelling Out Who's Responsible for Ice Removal in Common Areas

November 22, 2016    

Q: I’m a first-time shopping center owner in a northern state where snow and ice is prevalent in the winter. I’m afraid that if shoppers slip and fall in the common areas outside tenants’ stores, they’ll sue me. If my...

Specifying Laws in Lease

October 21, 2016    

Q: One of the spaces at my shopping center is set up for a dry cleaning business, which has a higher risk of causing environmental damage. The tenant who moves into that space would be required to follow specific guidelines and be subject to...

Keeping Up Standards for Returning Space

September 26, 2016    

Q: It would be easier for me to sign a new lease with one of my office building tenants that wants to renegotiate its existing lease, rather than amend the current one. This is the first time I’ve gone through the process. Is there a...

Prepare for Return of Funds If Commercial Condo Association Won't Approve Lease

August 29, 2016    

Q: I recently bought a building comprised of several commercial condo spaces. A restaurant tenant has expressed interest in one of the spaces, but I’m apprehensive. The space is subject to the governing documents of an association, and...

Can Court 'Revive' Terminated Lease?

July 25, 2016    

Q: After I sent a notice of default to a tenant and asked it to cure the default under the terms we had agreed on in the lease, the tenant claimed it hadn’t defaulted. There have been protracted discussions over the course of about two...

Meeting Requirements for Preliminary Injunction

June 17, 2016    

Q: I’m trying to change the synergy at my shopping center to make it more high-end. In the process, I’ve decided to terminate the leases for some of the less upscale retailers there. I complied with the termination requirements in...

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