Owner Loses
February 27, 2024
What Happened: Blockages in sewer pipelines located outside the property caused a constant stream of sewer backups inside a tenant’s store. Eventually, the tenant decided that enough was enough and vacated the premises. When the landlord sued for unpaid rent, the tenant claimed that the sewer...
Feature
January 30, 2024
Balance your need to maintain order with the rights of political groups.
This November’s presidential election may be the most volatile in recent memory. In the months ahead, political groups and protestors may demand access to the common areas of your shopping center for...
Drafting Tips
January 30, 2024
Like many landlords, your lease may contain a tax escalation clause requiring the tenant to pay its share of any real estate tax increases that occur during the lease term. These increases are often measured off a base year, typically the first year of the lease. However, pegging future tax...
Owner Wins
January 30, 2024
What Happened: A shopping center sent an email asking a restaurant tenant to renew its lease at an increased rent. The tenant signed the attached amended lease without reading it. Five years later, it vacated the property and stopped paying rent. The landlord served the tenant with a notice of...
Owner Loses
January 30, 2024
What Happened: An exterminator working for Best Buy suffered serious injury after slipping and falling in the store’s icy parking lot. He sued Best Buy and the landlord that owned the property for negligence. Best Buy denied responsibility for maintaining the parking lot in safe condition...
Owner Wins
January 30, 2024
What Happened: The landlord sued a dry-cleaning tenant for nearly $200,000 in damages, including $46,733 in unpaid rent that accrued up to the time the tenant vacated. It also went after the good guy guarantor that “unconditionally, irrevocably and as a primary obligor” guaranteed the...
Feature
December 27, 2023
Include 10 terms in your termination option clause.
Extraordinary individuals are the driving force behind many startups and small businesses. But leasing to tenants that depend so heavily on such individuals is risky. The business could suddenly come to a screeching halt should...
Plugging Loopholes
December 27, 2023
New local laws may make landlords pay for tenants’ illegal business.
Owner Loses
December 27, 2023
What Happened: An Italian restaurant tried to assign its lease to a steakhouse, but the landlord refused and served notice of termination. The tenant denied committing any lease violation and asked the court to issue a temporary injunction barring the landlord from terminating the lease until the...
Owner Wins
December 27, 2023
What Happened: At first it looked as though the tenant had found a buyer for his dental practice to whom it would assign the lease just as it was expiring on Dec. 31, 2019. But the deal fell through, and the tenant sent the landlord an email in February notifying it of his decision not to renew the...