Q & A

Limiting Requirements to Adapt to Redeveloped Center

February 27, 2013    

Q: When the shopping center where I last rented space was redeveloped, the owner wanted tenants to conform their signage to the new signage criteria. My lease didn’t have any provisions covering my rights or responsibilities when it...

Defining Forbidden Items in Exclusive Use Clause

January 29, 2013    

Q: I own a café that sells sandwiches, desserts, and soft drinks. There’s a strict exclusive use clause in my 15-year lease with the owner of the shopping center where my store is located. The use clause prohibits the center...

Avoiding “Gross Sales Drop” Requirement in Exclusive

December 21, 2012    

Q: It seems like the owner of space that I’d like to rent will give me an exclusive, but I’m afraid that I’ll get this valuable right only if I agree to add a “gross sales drop” requirement. Would a gross sales...

Determining Appropriate Dispute Resolution Method

November 26, 2012    

Q: The owner of the shopping center where I rent space wants to make major changes to its appearance, but under my lease, the owner must get my consent before making them. I believe the changes will affect me, so I don’t think I’...

Limiting Scope of Indemnity Clause

September 20, 2012    

Q: The owner of the space I’m considering renting for my retail business wants me to pay for any damage that I cause to the space and be responsible for accidents or injuries that happen there. But it also wants to avoid responsibility...

Determining Restoration Responsibility Before Making Alterations

August 1, 2012    

Q: Is the tenant typically responsible for removing the alterations it made during the lease, or is this negotiable? How much I spend on alterations now will depend on whether I’m going to have to pay for their removal later.

Defaulting on Lease Leads to Retaking

July 3, 2012    

Q The owner of the retail space I rent took over my storage area to correct a building code violation. Although I admit that I breached the lease by not complying with the building code, as I was required to do under our agreement, isn't the owner...

Apportioning Costs for Relocation in Current Center

July 3, 2012    

Q I'm negotiating a move to another space in the same retail center where I currently rent. I'm anticipating that there will be costs associated with the move, but the owner hasn't mentioned any details, such as which party is responsible...

Complying with Stipulation of Settlement Agreement

April 26, 2012    

Q The owner of the building where I rent space for my business, which has been declining, sued me for nonpayment of base rent and additional rent. We signed a “stipulation of settlement” in which I agreed that if I didn't pay my overdue...

Negotiating Indemnity Clause to Avoid Responsibility for Owner-Caused Accidents

March 8, 2012    

Q My lease has an “indemnity clause” that makes me financially responsible for damages that the owner might suffer as the result of any party's actions. Last year, the retail space I rent was damaged by a contractor, and under the...

Could Late Attempt to Exercise Renewal Option Be Excused?

December 27, 2011    

Q My lease for space in a shopping center gives me an option to renew for an additional 10-year term. I planned to renew, but I mistakenly thought that the date was several months later than the date specified in the lease. A month after the renewal...

Is ‘Out-of-Possession’ Owner Liable for Injuries from Building Defects?

December 9, 2011    

Q I signed a lease with the owner of an office building to rent “as is” several floors to operate my business. Recently, one of my employees broke her knee when she allegedly tripped on a loose floorboard in the space. The employee is...