Owner Wins
March 26, 2013
Facts: An owner sued the personal guarantor of a commercial lease for a video gambling establishment for breach of contract. The guarantor contended that owner’s claim was barred by the statute of limitations because the owner didn’t attempt to enforce the guaranty within three years...
Feature
February 25, 2013
If you’re like many commercial real estate owners, you’ve considered using “alternative dispute resolution” (ADR) methods, including arbitration, to resolve your differences with tenants out of court. For example, when you and a tenant are certain you disagree on a single,...
Q & A
February 25, 2013
Q: I’m negotiating a lease with a prospective tenant for my shopping center. I’ve been sued several times in the past few years for personal injuries sustained at the center. I’d like to avoid any further lawsuits. Can I include provisions in the lease that would relieve me from...
Owner Wins
February 25, 2013
Facts: A tenant leased space at a shopping center for its sporting goods store. The center was in a flood zone and had been flooded several times, ruining the inventory of the center’s tenants each time. Under the lease, the tenant was required to have an “all-risk” insurance...
Owner Wins
February 25, 2013
Facts: A tenant who provided physical therapy services rented space on the top floor of a five-story building. After three months, the tenant stopped paying full rent. The owner sued the tenant to recover the space and won. The tenant sued the owner for constructive eviction. The tenant claimed...
Owner Wins
February 25, 2013
Facts: After a tenant signed a lease for space it used as a convenience store, the property was sold and the lease was assigned to a new owner.
Feature
January 23, 2013
By David S. Houston, Esq.
Q & A
January 23, 2013
Q: I rented space to a tenant under a lease that contained an arbitration provision. The provision specified that all items except for those pertaining to rent—specifically, nonpayment of rent—must be arbitrated. The tenant violated the terms of its lease by refusing to: (1) pay for the...
In the News
January 23, 2013
A New York state judge harshly criticized a major toy retailer recently for using litigation as a tactic in negotiating a new lease for its Times Square store in Manhattan. The court faulted the tenant’s filing of a lawsuit during lease negotiations, emphasizing the fact that a borderline...
Owner Wins
January 23, 2013
Facts: An employee was injured while working at a warehouse leased by his employer. The floor of the warehouse collapsed while the employee was stacking steel in a bay. The basement under the bay was rented to another tenant. The employee and the steel fell into the basement. The employee suffered...
