Q & A

Does Tenant's Temporary Loss of Common Area Use Justify Ending the Lease?

June 17, 2020    

What are a landlord’s liability to tenants when it reopens part of the property after a disaster but still has to keep parts of the common areas closed for a while to fix the damage? That timely question is at the center of a recent case.

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...

Determining Liability for Third-Party Damage

February 12, 2019    


Paying for Tenant's Improvements Without Giving Express Consent

December 12, 2018    

Q: I signed...

Can Tenant Exercise Purchase Option Despite Missing Deadline?

November 14, 2018    

Q:  A tenant negotiated an option to purchase the space it will be leasing from me at one of my free-standing properties, after it has operated there for a certain number of years. The notice requirements for exercising the purchase...

Protecting Against Lost Rent for Tenant's Changed Circumstances

September 26, 2018    

Q: I own a mixed-use building that has retail stores on the ground floor and residential units on the floors above. The ground floor is specifically zoned for retail use. Should I factor in the potential for zoning changes in my leases, and...

Understanding Pros and Cons of ‘Additional Named Insured’ Status

August 30, 2018    

Q: The standard lease form that my attorney and I have used for the last several years requires a tenant to add me to its commercial general liability (CGL) policy as an “additional named insured.” But recently I have spoken with...

Staying Within 'Prescription Period' to Sue for Co-Tenancy Violation

May 29, 2018    

Q: One of the tenants at the shopping center I own has multiple businesses and doesn’t monitor its co-tenancy requirements. I breached the lease by not replacing a tenant that went out of business with a suitable replacement tenant...

Avoiding Liability When One Tenant Violates Another's Exclusive

March 27, 2018    

Q: Two tenants at the shopping center I own are currently in a dispute about who has the right to sell a certain product. A toy store tenant signed a lease with an exclusive use clause that gives it the right to be the only tenant in the...

Get Control Over Tenant's Right to Amenities

November 22, 2017    

Q: Most tenants at my property require certain amenities and they won’t sign leases for space there if they don’t get them. But I’ve heard of circumstances under which office building and retail property owners have had to...

Collecting Higher Base Rent Using Previous Percentage Rent Figures

October 18, 2017    

Q: As the owner of a strip mall, I’m always looking for ways to bring in more income. I’m negotiating leases with some prospective tenants to fill vacant space. They’ll be paying percentage rent and base rent. Are there any...