Q & A

Understanding Pros and Cons of ‘Additional Named Insured’ Status

August 30, 2018    

Q: The standard lease form that my attorney and I have used for the last several years requires a tenant to add me to its commercial general liability (CGL) policy as an “additional named insured.” But recently I have spoken with...

Staying Within 'Prescription Period' to Sue for Co-Tenancy Violation

May 29, 2018    

Q: One of the tenants at the shopping center I own has multiple businesses and doesn’t monitor its co-tenancy requirements. I breached the lease by not replacing a tenant that went out of business with a suitable replacement tenant...

Avoiding Liability When One Tenant Violates Another's Exclusive

March 27, 2018    

Q: Two tenants at the shopping center I own are currently in a dispute about who has the right to sell a certain product. A toy store tenant signed a lease with an exclusive use clause that gives it the right to be the only tenant in the...

Get Control Over Tenant's Right to Amenities

November 22, 2017    

Q: Most tenants at my property require certain amenities and they won’t sign leases for space there if they don’t get them. But I’ve heard of circumstances under which office building and retail property owners have had to...

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...

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