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...
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...
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.
An increasing number of retailers sell both new and “vintage” or consigned merchandise. But if you want a retail tenant’s space to be used solely or primarily for sales of new merchandise, then you’ll need to say this in the lease’s use clause. And be aware that...
Leasing to a non-U.S. business raises special legal considerations. For example, you may be unable to enforce lease payment obligations and court judgments against tenants who keep their assets outside the U.S.
So, before signing a lease with a foreign tenant, confirm that the tenant...
Giving tenants construction allowances to make improvements to the property exposes you to legal risks. If the tenant doesn’t pay its contractors, they may try to collect the debt from you, which can include placing a mechanic’s lien on the property. Requiring the tenant to get...
If your lease requires tenants to pay you their share of the property/facility’s electric bill, don’t say they have to pay for the electricity they “consume.” That’s because the bills you receive from the electric company may include elements not related to...
After a Kentucky shopping center tenant stopped paying rent and abandoned the premises, the landlord retook possession and billed the tenant for the roughly $3.211 million in unpaid rent remaining through the end of the lease. The tenant admitted to being in default but contested the landlord...
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...
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...
