Winners & Losers

Is Failing to Curb Noisy Tenants Grounds for Constructive Eviction?

December 12, 2014    
There are two ways to evict a tenant: (1) “Actual eviction,” or going to court to get an eviction order, is the proper way; and (2) “constructive eviction,” or doing something so egregious to interfere with the tenant’s business that it forces the tenant to leave, is...
Pop Quiz

Who's Responsible for Workers’ Asbestos Exposure During Tenant Construction?

December 12, 2014    
SITUATION A shopping center leases space to a shoe store. The lease requires the tenant to install a new heating and air-conditioning system in the space. It also makes the tenant solely responsible for compliance with “all laws” in connection with the work. The tenant hires an HVAC...
In the News

New Standard for Measuring Office Space Takes Effect

December 11, 2014    
The International Property Measurement Standard for Offices (IPMS for Office Buildings) took effect last month, creating a uniform method for measuring property globally. By replacing dozens of standards around the world, the new standard is expected to eliminate confusion, inconsistencies, and...
Feature

The 10 Things You Need to Know About the New Lease Accounting Rules

November 24, 2014    
By Glenn S. Demby, Esq.
Winners & Losers

Does Owner Waive Eviction Rights by Accepting Late Rent?

October 23, 2014    
An owner’s right to evict a tenant for not paying rent on time is a staple of any commercial lease. But like any other lease right, it can be waived. One way to do that is by formal, written agreement with the tenant. But more often than not, waiver of the right to timely rent is the result...
In the News

Virginia Owners Look to Make More Bucks from Food Trucks

October 23, 2014    
Shopping center patrons and office park workers in Fairfax County, Va., have a hunger for food truck fare. But strict zoning rules–including a $16,375 fee—were making it difficult for food trucks to get the county’s permission to operate. Earlier this month, however, the county...
Feature

Are Medical Tenants Right for Your Space?

September 29, 2014    
In the last few years, the rise in medical office tenants leasing at retail properties or in office buildings has been a good development for many commercial owners. That’s because the pool of prospective tenants for dark space has widened, in some cases cutting down on vacancies. But medical...
Plugging Loopholes

Get Option to Terminate Lease If Affiliate Severs Ties with Tenant

September 29, 2014    
You may have to give in if a strong tenant demands the lease right to assign or sublet to its affiliate—that is, a company the tenant controls or that controls the tenant—without your consent. The tenant probably will argue that an assignment or a sublet to its affiliate is no big deal...
Drafting Tips

Draft Nonwaiver Provision to Collect Partial Rent After Eviction Notice

September 29, 2014    
If you have a tenant that fails to pay its rent, you may decide to send it an eviction notice so that you can kick it out of its space—and even start the eviction proceeding. But if the tenant pays you some—but not all—of its overdue rent after getting your eviction notice (and...