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

Don't Make Defaulting Tenant Guess on Months of Nonpayment

January 3, 2022    

Don’t send tenants a default notice for nonpayment of rent that doesn’t specifically identify the months. Failing to list the months of nonpayment in the notice may cost you your right to evict the tenant or terminate the lease.

Get 5 Lease Protections When Listing Tenant's Name in Exterior Signs

December 22, 2021    

The size, look, style, and content of the exterior signs listing a building’s name and tenants can have a significant impact on not only a property’s marketability and curb appeal but also on the landlord’s image and reputation. That’s why landlords should seek to...

Get Proof of Partnership/Corporation's Authority to Sign Lease

December 22, 2021    

Before signing a lease with a partnership or corporation, get proof that the business is a valid legal entity and that it’s taken the necessary partnership or corporate action to allow it to enter the lease. Otherwise, you may have a hard time enforcing the lease. The risk: If the...

Get 6 Lease Protections When Giving Tenants Expansion Options

November 23, 2021    

In this era of post-COVID-19 uncertainty, commercial tenants are increasingly reluctant to lock themselves into spaces of fixed dimensions over the entire lease term. Their driving imperative is flexibility. In the early days of the pandemic, as telecommuting shrank the need for space,...

Call All Tenant Payments ‘Rent’ or ‘Additional Rent’

November 23, 2021    

Landlords should make it a point of emphasis to ensure that the lease describes all tenant payments and charges as either “rent” or “additional rent.” While it might seem like a legal technicality, using these terms ensures you access to fast-track eviction if the tenant...

A Three-Phase Strategy for Leasing to Pop-Up Tenants

October 22, 2021    

Nontraditional, short-term stores have been popping up in malls, shopping centers, department stores, and other retail settings for over a decade. While generally less desirable than long-term tenants, pop-ups offer landlords the opportunity to pocket extra cash on vacant or non-rent-generating...

Make Tenants Who Leave Space Unrentable Pay Consequential Damages

October 21, 2021    

It happens to countless landlords, and sooner or later, it’s bound to happen to you. A tenant moves out at the end of the lease. You take possession of the property and discover that it’s in a totally unrentable condition.

The good news is that your lease probably requires the...

How to Use 'Baseball Arbitration' to Resolve Renewal Rent Disputes

September 21, 2021    

Make sure your arbitration rules cover all the bases.

 

Get 12 Protections When Leasing to a Medical Tenant

August 24, 2021    

Physician practices, pathology labs, ambulatory surgery centers, clinics, and other medical providers need commercial space to lease. To obtain it, they’re willing to go not only to offices but also malls, retail outlets, and other nontraditional properties. All of this creates new...

Don't Inadvertently Give Defaulting Tenant an Option to Buy

August 24, 2021    

The last thing any landlord wants is to allow a tenant to purchase the property while it’s in default. Unfortunately, that’s exactly what you might have to do if the purchase option clause in your lease contains a common loophole.  

Specify in Lease that 'Attorney' Can Send Notices

August 3, 2021    

It's important to make your notice to a tenant valid if your attorney sends it. If a tenant violates your lease, you're probably required to notify the tenant in writing that if it doesn't cure—that is, correct—the violation by a set deadline, you can take action against...

Get 11 Lease Protections When Leasing Furnished Office Space

July 21, 2021    

During the pandemic, some of your tenants may have abandoned their office space to work from home, leaving the premises fully or partially furnished. Now that the leasing market is returning to something approaching normal, leasing these furnished offices may prove to be a windfall for your...