Feature Articles

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...

Include Five Protections in Lease Condemnation Clause

November 21, 2019    

Although just about every lease has one, the condemnation clause is often overlooked. That’s understandable. After all, when landlords and tenants sit down to negotiate a lease, the possibility that the property will be condemned during the lease term is probably the furthest thing from...

Get Right to Remove Tenants’ Signs Temporarily During Construction Work

November 21, 2019    

Disputes are apt to arise when temporarily covering or removing a tenant’s storefront sign becomes necessary for the landlord to carry out building work. Tenants have an obvious interest in keeping their signage clear, visible, and unobstructed by scaffolding and such, especially during...

Attach Moving Rules to Lease to Head Off Move-In/Move-Out Disputes

October 28, 2019    

If you’re going to get into a dispute with a tenant, chances are it’ll happen during the move-in or move-out process. While stress is an inherent part of moving, you can go a long way toward preventing disputes and minimizing disputes by getting the tenant to agree to clear moving...

Keep Tenants from Introducing Topless Entertainment

October 28, 2019    

One thing to look out for when leasing to bars, restaurants, nightclubs, and other entertainment establishments is unanticipated—and unwanted—use changes after the business opens. Such changes may include the introduction of topless dancing. Needless to say, this is the kind of thing...

Get 12 Lease Protections When Granting Tenant Improvement Allowances

September 17, 2019    

Offering tenant improvement allowances (TIAs) is a great way to attract and retain small and new businesses that can’t afford the renovations they need to open shop. But it can also backfire if the tenant defaults before moving in or generating the revenues necessary to pay you back. TIAs...