Negotiating for ‘Abatement,’ Not ‘Set-Off’ in Lease

Negotiating for ‘Abatement,’ Not ‘Set-Off’ in Lease



Q: I’m contemplating signing a lease that will require me to construct my own building at a shopping center and require the owner to pay a construction allowance within a certain period of time after I open for business. I’ve suggested provisions allowing me, in the event that the owner doesn’t pay me the construction allowance on time, to abate rent and other charges until it has been paid. But the owner is arguing for a “set-off” arrangement instead.

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