Feature Articles

Dealing with Nonpaying Tenants During Pandemic: The Current State of Eviction Suspensions

May 19, 2020    

How do eviction suspensions impact your legal rights with regard to a tenant in default?

 

Leverage Guarantor's Personal Liability to Get Tenants to Pay Rent Arrears

May 19, 2020    

The months of April and May were a nightmare for rent collections. Things may not improve dramatically in June, July, or August. And with evictions temporarily barred in so many jurisdictions, landlords may feel they have no choice but to put up with tenant defaults and negotiate the best...

Get Eight Protections When Giving Tenants COVID-19 Rent Relief

April 20, 2020    

While each lease is different, COVID-19 generally doesn’t excuse tenants’ duty to pay rent. But, in times of pandemic, having the lease on your side may not count for much. The simple fact is that for many landlords, strict enforcement of lease rent obligations is not a realistic...

14 Things You Must Do Right Now to Manage COVID-19 Infection Liability Risks

April 20, 2020    

One of the great unknowns of the COVID-19 coronavirus pandemic for landlords is the potential liability for infection, including class actions by clusters of...

Does COVID-19 Business Disruption Excuse Tenants’ Lease Duty to Pay Rent?

April 10, 2020    

Q: If a major disaster that’s totally unforeseen and beyond anybody’s control, like a hurricane or perhaps the worldwide outbreak of a virulent virus, interferes with a tenant’s ability to use leased property for its...

How to Use Your Lease to Limit Coronavirus Disruption, Damage & Liability

March 17, 2020    

We’ll look at three coronavirus scenarios and the lease clauses you can use to address them.

 

The coronavirus has taken the world by surprise. And that includes commercial landlords and tenants. But there’s a big difference between lack of warning and lack of...

Ensure Post-Assignment Lease Changes Don’t Let Original Tenant Off the Hook

March 17, 2020    

The nice thing about lease assignments is that you can always go after the original tenant if the assignee violates its lease obligations. At least that’s the common assumption. But if you modify the lease after the assignment, you could end up inadvertently losing your right to hold the...

How to Avoid Liability for Retail Tenant's Sale of Counterfeit Goods

February 19, 2020    

We’ll give you seven lease protections against liability for “contributory infringement.”

 

 

Big fashion houses and producers of luxury goods have found a new and effective way to combat counterfeiting: Rather than chase after the small-...

Use Lease to Manage Liability & Financial Risks for Mass Shootings & Terrorist Attacks

January 23, 2020    

We’ll give you 10 tips for minimizing liability risks from shooting sprees and terrorism.

 

Guard Against Mechanic's Liens by Making Tenant Set Up Construction Escrow

December 26, 2019    

Giving tenants construction allowances to make improvements to the property exposes you to legal risks. If the tenant doesn’t pay its contractors, they may try to collect the debt from you, which can include placing a mechanic’s lien on the property. True, most leases expressly ban...

Three Ways to Keep Yellowstone Injunctions from Derailing Your Eviction Actions

December 12, 2019    

In many states, tenants who are in default of their lease can avoid immediate eviction by getting a court to issue an order granting them a temporary reprieve to cure the problem. These orders, called “Yellowstone Injunctions” in New York, are supposed to be a last resort measure...

Don't Make These Three Bad Assumptions When Drafting Lease

December 12, 2019    

Even before the case starts, landlords are at a distinct disadvantage when they go to court over a lease interpretation: Because the landlord drafts the lease, courts will read any ambiguity in the tenant’s favor. Regrettably, landlords all too often aggravate this disadvantage by making...