Winners & Losers

Is a Radius Clause Reasonable or an Illegal Restraint of Trade?

January 29, 2015    

Many shopping center leases include “radius clauses” banning tenants from opening similar businesses within a certain radius of the leased location. The idea is to prevent tenants from establishing essentially identical establishments to siphon off revenues and thereby minimize gross...

Does Owner's Failure to Curb Noisy Neighbors Give You Grounds for Constructive Eviction?

December 16, 2014    

There are two ways your owner can evict you: (1) “Actual eviction,” or going to court to get an eviction order, is the appropriate way; and (2) “constructive eviction,” or doing something so egregious to interfere with your business that it forces you to leave, is the...

Does Owner Waive Eviction Rights by Accepting Late Rent?

October 28, 2014    

An owner’s right to evict a tenant for not paying rent on time is a staple of any commercial lease. But like any other lease right, it can be waived. One way an owner can do that is by making a formal, written agreement with you. But more often than not, waiver of the right to timely rent...