Q & A

Drafting Independent Repair and Rent Provisions

May 25, 2016    

Q: A tenant’s space at my shopping center was damaged and I can’t afford to fix it immediately. The tenant is withholding rent, but continuing to operate from an undamaged portion of its store, so I don’t believe that it can...

Don't Rely on Descriptive Lease Terms as Use Restriction

April 28, 2016    

Q: I signed a lease for space at my shopping center with a tenant that said it would operate a floral shop. Apparently, after a storefront that is more convenient for its business became available, it decided to use that space for retail...

Can Condemnation Force Rent Reduction?

March 31, 2016    

Q: Several years ago, I began subleasing my space at a shopping center to a new tenant. Recently, that space was affected when the city condemned a portion of the property for a public works project. As a result, the space became unusable....

Proving Compensatory Damages for Tenant's Possessions

February 23, 2016    

Q: My lease with a tenant gave me the right to evict it if it defaulted on the lease. After the tenant failed to pay rent, it also moved out of the space but left behind a few items that seemed worthless. I engaged in a self-help eviction, by...

Is Enforcement of Lease Terms Constructive Eviction?

January 28, 2016    

Q: A jury ruled in favor of a tenant that sued me for breaching its lease for space at my shopping center. The tenant argued that I had breached the lease by accepting late rent payments a few times but telling the tenant that it was in...

Can Breaching Tenant Deduct TIA from Damages Owed to Owner?

December 21, 2015    

Q: I signed a lease with a tenant who backed out of the deal shortly before moving into the space. The lease provided for a substantial tenant improvement allowance (TIA) because the building is new and needs not just the tenant’s...

Clearly Defining Replacement Tenant in Cotenancy Clause

October 26, 2015    

Q: A prospective tenant for my shopping center wants its cotenancy clause to provide that a specific well-known retailer that takes up a large space in the center must be replaced with a “major tenant” if the retailer goes out of...

Ensuring Right to Enforce Lease with Corporate Tenant

August 28, 2015    

Q: I tend to lease space to a lot of partnership and corporate tenants. I recently learned that if a business hasn’t taken the necessary partnership or corporate actions to allow it to enter into a lease, I could end up having trouble...

Termination Being Affected by Yellowstone Injunction

August 11, 2015    

Q: After my tenant defaulted by failing to take care of several maintenance issues it was responsible for under the lease, I sent it a 30-day notice to...

Require Tenant to Inform You Within 10 Days of Receiving ADA Notice

June 19, 2015    

Q: My tenant agreed to be accountable for any ADA infraction that’s discovered in its space in the future. Could I still be on the hook for the same violation? And how can I make sure that I find out about the violation while there...

Increasing Foot Traffic for Holiday Season

September 29, 2014    

Q: My shopping center tenants are looking forward to the upcoming holiday season, when their businesses typically have more customers—and higher profits, which also benefit me by boosting the percentage rent I can collect. But foot...

Reducing Risk of, Liability for After-Hours Crimes

August 26, 2014    

Q: A shopping center near mine has experienced vandalism and at least one burglary recently. The crimes took place after hours. I’m afraid that my center will be affected next. I’ve installed more lighting in the parking lot. What...