Online Alerts

Avoid Pitfalls of Poorly Drafted Work Letter

June 14, 2018    

If you’re negotiating a lease for space that will need construction work before you can occupy the space and do business there, you’ll face issues that are crucial for you to address. A major concern you should have is the “work letter,” which is typically an exhibit to...

Separating Rent and Eviction Into Two Claims

June 14, 2018    

Q: I owe several months of back rent for the space I lease in a shopping center. The owner has threatened to bring an unlawful detainer action. I understand that an unlawful detainer action pertains to eviction. If I win, could the owner...

Don’t Assume Owner Is Correct If You Must Cure

June 14, 2018    

When you get a notice to cure—a document that informs you of an alleged lease violation and gives you an opportunity to correct it—you'll want to act quickly or your lease could get cancelled. But don't act so quickly that you don't carefully analyze the notice first to...

Understand How Operating Expense Costs Affect You

May 11, 2018    

While there are many issues to be concerned with when signing a lease for commercial space, tenants often focus on what’s typically the most hotly contested provisions—exclusive use and cotenancy. The right to be the only tenant to sell a product in a center, or get the benefit of...

Implied Good Faith and Fair Dealing Doesn’t Trump Temporary Lease Agreement

May 11, 2018    

Q: I operate a kiosk at a shopping mall under a temporary lease agreement. I think that the owner is shirking maintenance for the common areas near my location. My agreement doesn’t specifically mention the owner’s obligation to...

Use Disclaimer to Carve Out Right to Break Continuous Operation

May 11, 2018    

Most retail tenants don’t want to be forced to open or continuously operate at their space. That’s because if their business suffers financially, it may be better to not open or go dark rather than lose money. What if your lease doesn’t say that you’re required to open or...

Limit Owner’s Exculpation Clause Two Ways

April 19, 2018    

If you’re close to the end of your lease for space at an office building or shopping center, and you’ve had a good experience with the owner, you might not foresee any issues. Or maybe there have been various problems on either your or the owner’s side of the deal. But...

Check Lease Before Requesting Declaratory Judgment

April 19, 2018    

In some circumstances, a commercial tenant in a dispute with its landlord would ask a court for a declaratory judgment—that is, a judgment of a court which determines the rights of the parties without ordering anything to be done or awarding damages. But, before you go down that road,...

Help Pave Way for Subtenant, Assignee Signage

April 19, 2018    

Don't let a narrow signage clause in your lease hamper your ability to sublet or assign if you need to move out of all or part of your space. There are two scenarios in which a restrictive signage clause could interfere with this: (1) you want to sublet a portion of your space and you and...

Negotiate Lease Termination for Key Death

March 8, 2018    

Sometimes, tenants get tunnel vision when negotiating leases; they tend to focus on certain issues, like those that will affect them on a day-to-day basis or are pretty likely to happen in the future. But don’t put an emphasis on just tenant improvement allowances, common area maintenance...

Tenant Could Be Off Hook from Owner That Took Control of Premises

March 8, 2018    

Often, when a tenant vacates a premises before the lease term expires, it’s either a breach of the lease or the tenant is responsible for that space until it’s released. However, you might be off the hook if the owner took control of that space for its own use. A recent New York case...

Take Two Steps to Find Solid Retail Space

March 8, 2018    

If you’re looking for retail space in a shopping center as a first time business owner, you should be aware of certain things when visiting properties and before signing a lease. Conducting proper due diligence before signing a lease is crucial. Rental rates and the length of a lease term...