Online Alerts

Key Provisions Keep Mixed-Use Property Profitable

August 18, 2017    

Mixed-use properties have become ubiquitous in most areas of the country. Often, they make the most of a property’s layout, especially in tight urban neighborhoods—providing easy-to-access commercial space on a first floor and residential units on the floors above so no space is...

Ensure Right to Evict Tenant from Space

August 18, 2017    

An eviction right in your lease is invaluable if things go south with a tenant who fails to pay rent, but you could undo what might’ve been a hard-won right for you in negotiations if you accept some, but not all, of the overdue rent even after you’ve started the eviction proceeding...

Don’t Lose Out on Gross Sales from Tenant

August 18, 2017    

Q: I’ve negotiated percentage rent provisions in my leases with several of my retail tenants at the shopping center I own. I’m relying on these tenants to give me correct gross sales figures so that I can get the percentage rent...

Can You Control Restaurant Tenant’s Use of Patio Area?

July 6, 2017    

With the failure rate of new restaurants hovering around 59 percent in the first three years of opening, it’s not surprising that restaurant owners are trying to come up with a hook—a theme, a specific type of ambiance, or discounts for certain groups or time periods in the day or...

Don’t Limit Parties Protected by 'Additional Insured' Term

July 6, 2017    

Sometimes a lawsuit stems from someone being injured in your tenant’s space. Savvy shopping center and office building owners know that they can protect themselves by requiring the tenant to name them as an “additional insured” on their liability insurance policies. But if your...

Are You Justified in Withholding Consent to Reduced Rent Sublease?

July 6, 2017    

Occasionally, a tenant will want or need to leave its space that it rents in your shopping center or office building. But that can create a financial burden for you. Even if it’s the tenant’s responsibility under the lease to mitigate the damage caused by breaking its lease, it could...

Safeguard Effectiveness of Tenant’s Guaranty

June 8, 2017    

At first, a guaranty from a tenant that you’re unsure about seems like a great safety net. Another party will take over the tenant’s lease obligations if it fails to do so itself, so you won’t be left on the hook trying to mitigate the financial or other damage. In isolation, a...

Resisting Pressure to Overlook Tenant’s Mistake

June 8, 2017    

Q: Although I’ve had a good relationship with a tenant at the shopping center I own, I’m reluctant to overlook its failure to exercise its option to renew in a timely manner. The tenant has been pressuring me by saying that it...

Terminate Lease for Tenant that Understates Gross Sales

June 8, 2017    

If you’ve negotiated percentage rent provisions in your leases with several of your retail tenants at the shopping center you own, you’re probably relying on these tenants to give you correct gross sales figures so that you can get the percentage rent that you’re owed, and can...

Commercial Lease Law Insider Wins Newsletter Award

June 7, 2017    

On June 6, Commercial Lease Law Insider received the Second Place Award for Best Business Newsletter, presented by the Specialized Information Publisher’s Association (SIPA) at its annual conference in Washington, D.C.

The judges based their decisions on...

Getting the Right to Collect Rent Directly from Subtenant

May 4, 2017    

In theory, a sublet seems easy: When you let a tenant sublet its space, the subtenant pays the tenant its rent due under the sublease, and the tenant pays you its rent or percentage rent due under the lease. While that’s the way sublet scenarios are designed and expected to work, you can...

Beware of Accepting Post-Eviction Rent from Tenant

May 4, 2017    

Sometimes, when a tenant’s retail business is in trouble, instead of closing the tenant will try to find a buyer. If the owner had previously obtained an eviction order because the tenant had defaulted on its rent obligations, things can get complicated, especially in a situation where the...