Feature

Attach Moving Rules to Lease to Head Off Move-In/Move-Out Disputes

October 28, 2019    
If you’re going to get into a dispute with a tenant, chances are it’ll happen during the move-in or move-out process. While stress is an inherent part of moving, you can go a long way toward preventing disputes and minimizing disputes by getting the tenant to agree to clear moving rules...
Traps to Avoid

Having Tenant Initial One Lease Page May Make Provisions on Others Harder to Enforce

October 28, 2019    
Leases are long, complicated documents that only attorneys read word for word. Accordingly, landlords and other lease drafters may use different techniques to draw attention to part of the lease that they think are really important. One example is by having the tenant initial pages containing key...
Plugging Loopholes

Keep Tenants from Introducing Topless Entertainment

October 28, 2019    
One thing to look out for when leasing to bars, restaurants, nightclubs, and other entertainment establishments is unanticipated—and unwanted—use changes after the business opens. Such changes may include the introduction of topless dancing. Needless to say, this is the kind of thing...
Winners & Losers

When Does Tenant Violation = Material Breach Justifying Lease Termination?

October 28, 2019    
Misconception: You can evict a tenant for committing a lease violation. Truth: You can evict a tenant for committing a “material” lease violation.
Owner Loses

Tenant Gets Rent Abatement Due to Damage It Should Have Prevented

October 28, 2019    
What Happened: A car dealership property was vandalized after the tenant took possession but before it opened. The tenant couldn’t use the space for three-and-a-half months but continued to pay the rent. After repairs were done, the tenant asked for a rent abatement under the following lease...
Owner Wins

Tenant Accidentally Waives Its Co-Tenancy Rent Cut Rights

October 28, 2019    
What Happened: A shopping center lease let the tenant pay reduced rent if an anchor closed and wasn’t replaced within 120 days. In July 2016, an anchor tenant, Sports Authority, closed and the landlord didn’t find a replacement for nearly three years. But the tenant forgot about the co-...
Owner Wins

Landlord Not to Blame for Office Tenant’s Desktop Fall

October 28, 2019    
What Happened: After safely pulling off the stunt on several occasions, an office tenant who climbed onto his desk and used a broomstick to close hard-to-reach blinds fell to the floor and broke his spine. Blaming his injuries on the landlord’s failure to maintain the premises in a safe...
Feature

Get 12 Lease Protections When Granting Tenant Improvement Allowances

September 17, 2019    
Offering tenant improvement allowances (TIAs) is a great way to attract and retain small and new businesses that can’t afford the renovations they need to open shop. But it can also backfire if the tenant defaults before moving in or generating the revenues necessary to pay you back. TIAs...
Traps to Avoid

Don't Assume Personal Guaranties Continue After the Lease Is Renewed

September 17, 2019    
When you renew a lease that includes a guaranty from the tenant’s business principal or another third party, you might assume that the guaranty will automatically continue into the renewal term. But if you don’t get the guarantor to sign off on the renewal lease, you may be unable to...
Pop Quiz

Can Tenant in Default Avoid Attorney Fees by Suing Landlord First?

September 17, 2019    
Situation: A landlord sends a default notice and is preparing to evict a spa tenant that owes nearly $53,000 in unpaid rent. But the tenant beats the landlord to the punch by filing its own lawsuit asking the court to enjoin the landlord from terminating the lease. The tenant’s complaint...