Winners & Losers

Can Owner Use 'Escalation' Clause to Make Tenant Pay Property Tax Increase?

April 27, 2015    

Standard commercial net leases require tenants to pay not just rent but a proportionate share of the owner’s property taxes. Of course, property taxes are apt to fluctuate over time. Accordingly, owners typically include an “escalation” or “adjustment” clause in the...

Is a Radius Clause Reasonable or an Illegal Restraint of Trade?

January 16, 2015    

Many shopping center leases include “radius clauses” banning tenants from opening similar businesses within a certain radius of the leased location. The idea is to prevent tenants from establishing essentially identical establishments to siphon off revenues and thereby minimize gross...

Is Failing to Curb Noisy Tenants Grounds for Constructive Eviction?

December 12, 2014    

There are two ways to evict a tenant: (1) “Actual eviction,” or going to court to get an eviction order, is the proper way; and (2) “constructive eviction,” or doing something so egregious to interfere with the tenant’s business that it forces the tenant to leave,...

Does Owner Waive Eviction Rights by Accepting Late Rent?

October 23, 2014    

An owner’s right to evict a tenant for not paying rent on time is a staple of any commercial lease. But like any other lease right, it can be waived. One way to do that is by formal, written agreement with the tenant. But more often than not, waiver of the right to timely rent is the...