Q & A

Require Tenant to Cover Up Unsightly Equipment

January 24, 2017    

Q: The office building I own is located in an up-and-coming neighborhood that consists of retail, office building, and residential apartment properties. It’s a so-called “upscale” shopping and living area, and I’d like...

Spelling Out Who's Responsible for Ice Removal in Common Areas

November 22, 2016    

Q: I’m a first-time shopping center owner in a northern state where snow and ice is prevalent in the winter. I’m afraid that if shoppers slip and fall in the common areas outside tenants’ stores, they’ll sue me. If my...

Specifying Laws in Lease

October 21, 2016    

Q: One of the spaces at my shopping center is set up for a dry cleaning business, which has a higher risk of causing environmental damage. The tenant who moves into that space would be required to follow specific guidelines and be subject to...

Keeping Up Standards for Returning Space

September 26, 2016    

Q: It would be easier for me to sign a new lease with one of my office building tenants that wants to renegotiate its existing lease, rather than amend the current one. This is the first time I’ve gone through the process. Is there a...

Prepare for Return of Funds If Commercial Condo Association Won't Approve Lease

August 29, 2016    

Q: I recently bought a building comprised of several commercial condo spaces. A restaurant tenant has expressed interest in one of the spaces, but I’m apprehensive. The space is subject to the governing documents of an association, and...

Can Court 'Revive' Terminated Lease?

July 25, 2016    

Q: After I sent a notice of default to a tenant and asked it to cure the default under the terms we had agreed on in the lease, the tenant claimed it hadn’t defaulted. There have been protracted discussions over the course of about two...

Meeting Requirements for Preliminary Injunction

June 17, 2016    

Q: I’m trying to change the synergy at my shopping center to make it more high-end. In the process, I’ve decided to terminate the leases for some of the less upscale retailers there. I complied with the termination requirements in...

Drafting Independent Repair and Rent Provisions

May 25, 2016    

Q: A tenant’s space at my shopping center was damaged and I can’t afford to fix it immediately. The tenant is withholding rent, but continuing to operate from an undamaged portion of its store, so I don’t believe that it can...

Don't Rely on Descriptive Lease Terms as Use Restriction

April 28, 2016    

Q: I signed a lease for space at my shopping center with a tenant that said it would operate a floral shop. Apparently, after a storefront that is more convenient for its business became available, it decided to use that space for retail...

Can Condemnation Force Rent Reduction?

March 31, 2016    

Q: Several years ago, I began subleasing my space at a shopping center to a new tenant. Recently, that space was affected when the city condemned a portion of the property for a public works project. As a result, the space became unusable....

Proving Compensatory Damages for Tenant's Possessions

February 23, 2016    

Q: My lease with a tenant gave me the right to evict it if it defaulted on the lease. After the tenant failed to pay rent, it also moved out of the space but left behind a few items that seemed worthless. I engaged in a self-help eviction, by...

Is Enforcement of Lease Terms Constructive Eviction?

January 28, 2016    

Q: A jury ruled in favor of a tenant that sued me for breaching its lease for space at my shopping center. The tenant argued that I had breached the lease by accepting late rent payments a few times but telling the tenant that it was in...