Online Alerts

The Impact of Remote Working on Office Leasing

January 7, 2021    

With most office workers able to work from home, the pandemic hasn’t hit office tenants—and thus their landlords—as hard as it’s hit tenants in the retail, restaurant, and hospitality sectors. But with employees productive at home, office tenants are reconsidering their...

Did Commercial Real Estate Broker Commit Fraud?

November 18, 2020    

In their eagerness to get the lease signed, brokers may be inclined to make statements about what the document says (or doesn’t say) to allay the concerns of one of the parties. So, what happens if the landlord or tenant takes the broker at its word and signs the lease, only to discover...

Pop Quiz: Is Liquidated Damages Clause for Radius Violation Enforceable?

October 21, 2020    

Liquidated damages clauses can be a convenient way to incentivize performance and avoid disputes over the price tag of breaches. One common use of such clauses is to require the tenant to pay predetermined rent increases in the event it violates a covenant not to open a competing business within...

10 Lease Renegotiation Best Practices

July 8, 2020    

We polled our experts about what they’ve learned so far about lease renegotiations during the COVID crisis. Here are their top 10 takeaways:

1. Importance of Tenant Communication: Landlords were more likely to grant concessions to tenants that were able to clearly...

Commercial Lease Law Insider Named Best Business Newsletter

June 4, 2020    

On June 2, Commercial Lease Law Insider received the First Place Award for Best Business Newsletter, presented by the Specialized Information Publisher’s Association  at its annual conference.

The judges based their decision on 2019 issues in which our editor explained...

What to Put in a Rent Relief Agreement

May 14, 2020    

While each lease is different, COVID-19 generally doesn’t excuse tenants’ duty to pay rent. But, in times of pandemic, having the lease on your side may not count for much. The simple fact is that for many landlords, strict enforcement of lease rent obligations is not a realistic...

Three COVID Scenarios: How Your Lease Can Limit Disruption & Liability

April 7, 2020    

The most pressing concerns the coronavirus is likely to pose to commercial property owners stem from these three scenarios:

Mall of America Avoids Getting Stuck with Sears’ Bankruptcy Assignee

April 7, 2020    

What Happened: When Sears went bankrupt, its...

When Tenants Sell Counterfeit Goods, Landlords Pay

March 6, 2020    

Courts have made it very clear that a landlord who allows a tenant to sell counterfeit goods on its property can be liable for “contributory infringement.” Not satisfied with prosecuting small-fry retailers, Louis Vuitton, Coach, and the makers of Ray Bans and Omega...

Don't Let Tenant Use Space for Non-Sales Purposes

March 6, 2020    

So much retail business is done online that it’s common for tenants that are pulling in profits that way to use their brick-and-mortar spaces for purposes related to the business, but not to actually sell products. For example, a tenant with a successful website might turn its store into a...

Minimize Liability Risks from Shooting Sprees & Terrorism

February 6, 2020    

More than 300 mass shootings have taken place in the U.S. since 2000. More often than not, these incidents take place on commercial property and lead to legal action against the landlords and tenants at the site.

Are You Liable for Personal Injury in Tenant's Space?

February 6, 2020    

SITUATION: A tenant leases property to operate a car wash. The lease requires the tenant to keep the property in good repair. The actual language:

The Tenant shall keep the Demised premises in good condition and repair . . . the tenant, at its...