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

Get Reopening Tenants to Use 'Contact Logging'

June 17, 2020    

It’s in your interests to ensure tenants maintain social distancing in the leased space.

 ...

10 Key Leasing Lessons from the First Phase of the COVID Crisis

June 17, 2020    

The COVID-19 crisis has forced landlords and tenants around the country to rework their leases. And while the process will continue for months and even years, we’ve reached the point where we can step back and consider the big-picture leasing lessons from the tumultuous months of March,...

Lawscape: State Orders on COVID-19 Body Temperature Screening

June 17, 2020    

As businesses begin to reopen, governors and public health authorities in many states have issued orders requiring employers to perform body temperature screening of employees before the start of work shifts to prevent workplace COVID-19 infection. To determine whether you’re covered by...

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.

Dealing with Nonpaying Tenants During Pandemic: The Current State of Eviction Suspensions

May 19, 2020    

How do eviction suspensions impact your legal rights with regard to a tenant in default?

 

Leverage Guarantor's Personal Liability to Get Tenants to Pay Rent Arrears

May 19, 2020    

The months of April and May were a nightmare for rent collections. Things may not improve dramatically in June, July, or August. And with evictions temporarily barred in so many jurisdictions, landlords may feel they have no choice but to put up with tenant defaults and negotiate the best...

Get Eight Protections When Giving Tenants COVID-19 Rent Relief

April 20, 2020    

While each lease is different, COVID-19 generally doesn’t excuse tenants’ duty to pay rent. But, in times of pandemic, having the lease on your side may not count for much. The simple fact is that for many landlords, strict enforcement of lease rent obligations is not a realistic...

14 Things You Must Do Right Now to Manage COVID-19 Infection Liability Risks

April 20, 2020    

One of the great unknowns of the COVID-19 coronavirus pandemic for landlords is the potential liability for infection, including class actions by clusters of...

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...

How to Use Your Lease to Limit Coronavirus Disruption, Damage & Liability

March 17, 2020    

We’ll look at three coronavirus scenarios and the lease clauses you can use to address them.

 

The coronavirus has taken the world by surprise. And that includes commercial landlords and tenants. But there’s a big difference between lack of warning and lack of...

Ensure Post-Assignment Lease Changes Don’t Let Original Tenant Off the Hook

March 17, 2020    

The nice thing about lease assignments is that you can always go after the original tenant if the assignee violates its lease obligations. At least that’s the common assumption. But if you modify the lease after the assignment, you could end up inadvertently losing your right to hold the...

How to Avoid Liability for Retail Tenant's Sale of Counterfeit Goods

February 19, 2020    

We’ll give you seven lease protections against liability for “contributory infringement.”

 

 

Big fashion houses and producers of luxury goods have found a new and effective way to combat counterfeiting: Rather than chase after the small-...