Feature, Drafting Tips, In the News, Plugging Loopholes, Resolving Disputes, Negotiating Tips, Q & A, Dos & Don'ts

Charge Tenants a Fee for Processing Their Assignment & Sublease Requests

October 24, 2023    

If tenants don’t have to pay fees, they’re more apt to flood you with requests.

 

 

Don't Rely on Tenant's Implied Consent to Continually Operate

October 4, 2023    

Don’t rely on “implied” covenants that aren’t expressly stated in the lease if you want retail tenants to continuously operate from their space. There’s a possibility that a court will find that such a covenant exists in limited circumstances, such as when the lease...

How to Negotiate and Create an Effective Tenant Relocation Clause

September 27, 2023    

We’ll give you seven key terms to put into your relocation clause.

 

Give Tenants a Limited Deadline to Sue You for Lease Violations

September 27, 2023    

Grudges are part of any personal or business relationships. It’s a lesson that most landlords learn when tenants bring or threaten lawsuits over old grievances in a bid to get out of their lease, stall an eviction, or otherwise increase their leverage over you in a current dispute....

Object Quickly If a Tenant Makes a Renewal Mistake

September 27, 2023    

If a tenant exercises a renewal option without following all the procedures or requirements set out in the renewal clause, object right away. Failure to speak now may mean that you’ll forever have to hold your peace. That’s because a court might determine that in keeping silent you...

Minimize Tenant Interference with Shopping Center Redevelopment

August 29, 2023    

Don’t wait for a project to begin to address the issue. Put key redevelopment rights in the lease.

 

Don't Rely on Tenant's Implied Consent to Continually Operate

August 29, 2023    

Don’t rely on “implied” covenants that aren’t expressly stated in the lease if you want retail tenants to continuously operate from their space. There’s a possibility that a court will find that such a covenant exists in limited circumstances, such as when the lease...

Verify Tenant Compliance with Environmental Laws

August 2, 2023    

Federal and state laws make property owners liable for environmental damage done by a tenant. That makes it imperative to verify that tenants comply with those laws. But a tenant may refuse to grant you access to inspect or perform environmental testing for that purpose. And without clear lease...

Get Right to End Lease or Raise Rent If Percentage Rent Falls Below Expectations

July 27, 2023    

Landlords who rely on tenants' inflated sales projections are apt to get burned.

 

Avoiding Liability When One Tenant Violates Another's Exclusive

July 5, 2023    

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 21 Legal Protections When Renting Space to Food Trucks

June 26, 2023    

Renting to a food truck is generally riskier than renting to an established business.

 

Set Conditions Before Letting Tenants Pay Rent by Electronic Deposit

June 26, 2023    

Unlike so many other aspects of the commercial leasing business, methods of paying rent haven’t changed all that much over the years. The majority of tenants still mail out their monthly checks to the landlord. However, a growing number of businesses prefer to remit their rent...