Pop Quiz
August 29, 2023
In this digital age, significant disruption to internet service can inflict massive damage to a business. If that business belongs to one of your tenants, you might find yourself the target of a lawsuit for breach of lease; breakdowns in internet service may also be a defense relieving tenants of...
Dos & Don'ts
August 29, 2023
Don’t rely on “implied” covenants that aren’t expressly stated in the lease if you want retail tenants to continuously operate from their space. There’s a possibility that a court will find that such a covenant exists in limited circumstances, such as when the lease...
Owner Wins
August 29, 2023
What Happened: A nonprofit ran a multi-day music festival on recreational space it leased from the city. Two attendees who purchased tickets to the event were denied entry because they were carrying guns in violation of music festival rules banning attendees from having weapons while inside the...
Owner Loses
August 29, 2023
What Happened: A call center employee who stopped by the office to pick up her paycheck after sunset got run over by a city bus and died. Her estate sued the call center and landlord for negligence. The defendants denied owing the victim a duty of care because the accident occurred on city property...
Feature
July 27, 2023
Landlords who rely on tenants' inflated sales projections are apt to get burned.
Traps to Avoid
July 27, 2023
We’ll give you three ways to protect yourself.
Marketing brochures and communications that describe your property, its amenities, and tenant mix are instrumental to attracting new tenants. But they can also get you into trouble if the information they contain is inaccurate. The risk is...
Winners & Losers
July 27, 2023
A consent-for-modification clause will stretch only so far.
Owner Loses
July 27, 2023
What Happened: A national retail chain insisted that its shopping center lease include a clause requiring the landlord to indemnify it against losses arising out of things that happened in the common areas. The exact language:
Owner Wins
July 27, 2023
What Happened: After signing a 10-year lease with a health clinic, a landlord put the property on the market for sale as “net lease investment,” meaning there was a tenant already in place. The tenant then defaulted just three years into the lease. Invoking the acceleration clause, the...
Owner Loses
July 27, 2023
What Happened: A shopping center lease required the landlord to notify a clothing retail tenant and abate its rent if the anchor tenant, TJ Maxx, ceased to be “Open for Business” for three consecutive months. TJ Maxx moved out, and it took six months for the landlord to find a new...
