Owner Loses
April 30, 2018
Facts: A marine supply store signed a lease for retail space. Under the lease, the owner of the space needed to complete improvements to the property before delivering possession. The lease included the following in its definition of “delivery”: “Landlord shall be deemed to have...
Owner Loses
April 30, 2018
Facts: The space that a medical office tenant leased for its operations was flooded several times due to leaks in the building’s roof. Each time a flooding incident happened, the tenant informed the owner, who refused to make repairs. The tenant lost over $1.5 million in equipment due to...
Feature
April 10, 2018
Tenants often seek financing to help them run their businesses, so you have probably gotten numerous requests from tenants for a “landlord’s lien waiver.” Without the lien waiver, a tenant’s lender may refuse to go through with the loan, or an equipment lessor may refuse to...
Feature
April 10, 2018
No matter how successful you are at minimizing costs and maximizing profits from your leases with tenants at your shopping center or office building, there’s no reason to overlook new ways to generate more rent and income. After all, the real estate market is never 100 percent certain, and...
Owner Loses
April 10, 2018
Facts: A clothing retailer tenant signed a lease for space at a shopping center. The lease included cotenancy provisions that required the owner to lease space to three major tenants. If all three tenants were open and operating continuously, the retail tenant paid minimum rent. In the event that...
Feature
March 27, 2018
When a tenant violates a lease that subsequently ends in termination, shopping center and office building owners might be looking at hefty costs that at least initially will fall on them. Lost rent and the cost and effort of finding a replacement tenant can reach into the tens of thousands of...
Drafting Tips
March 27, 2018
Adding a food court—a special area dedicated to small restaurant tenants selling a diverse selection of carry-out or ready-to-eat food customers can consume in a common seating area—can be a great way for shopping center owners to generate income. And it can help extend the length of...
Q & A
March 27, 2018
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 center that sells toys. A variety store signed a lease that...
Owner Loses
March 27, 2018
Facts: A dry cleaning business subleased space in a shopping center. The business owner was also the guarantor on the sublease. The subtenant prematurely vacated the space. The landlord sued the subtenant. A trial court ruled in favor of the landlord, awarding it $343,000 in damages. The damages...
Owner Wins
March 27, 2018
Facts: After a retail tenant stopped paying rent, the owner of the center asked a trial court for an “unlawful detainer” so that it could physically evict the tenant. An unlawful detainer action is a summary proceeding designed to adjudicate the right of immediate possession...
