Q & A

Draft Rights and Remedies into Lease for Property Under Construction

January 31, 2017    

Q: I signed a lease for space in a building that’s still under construction. The owner has run into financial trouble and is halting construction—even though the work has already started and several tenants have committed to...

Prepare for Eight Requests from Owner Giving Payout Agreement

October 31, 2016    

Q: My business is located in an area where the local economy hasn’t been doing well. As a result, my sales have been slow—and now I’m dealing with unexpected increases in year-end operating expenses, which are more painful...

Setting Realistic Standards for Returning Space

September 30, 2016    

Q: The owner of the office building where I rent space wants me to sign a new lease instead of renegotiating and amending the existing lease. This is the first time I’ve been asked to sign a new lease for the same space. I’d like...

Getting Proper Protections in Commercial Condo Lease

August 22, 2016    

Q: I’m considering operating my restaurant in a commercial condo space. Because the space is subject to the governing documents of an association, there are several hoops to jump through, such as getting approval for improvements that...

Can Court 'Revive' Your Terminated Lease?

July 29, 2016    

Q: The owner of the space I rent sent a notice of default and asked me to cure the default under the terms we had agreed on in the lease. But we have different opinions as to whether the issue that’s at the center of the disagreement is...

Meeting Requirements for Preliminary Injunction

June 29, 2016    

Q: The owner of the shopping center where I rent space is trying to change the synergy there to make it more high-end. In the process, it’s decided to terminate the leases for some of the less upscale retailers there, which includes my...

Descriptive Lease Terms Don't Restrict Use of Space

April 26, 2016    

Q: I signed a lease for space in a shopping center to operate a floral shop. Originally, I planned to use it for retail sales, but a storefront in a center that’s better for my business became available shortly after I agreed to the...

Reducing Rent in Proportion to Reduced Space after Condemnation

March 24, 2016    

Q: The shopping center where I rent space was affected when the city condemned a portion of the property for a public works project. As a result, part of my space became unusable. The owner of the center was compensated by the city for the...

Proving Compensatory Damages for Discarded Possessions

February 26, 2016    

Q: My lease with a shopping center owner gave it the right to evict me if I defaulted on the lease. After I failed to pay rent, I also moved out of the space but left behind a few items that I had no place else to store. The owner engaged in...

Deducting TIA from Owner's Damages

December 23, 2015    

Q: I signed a lease for office space, but due to unforeseen problems with my company, I had to back out of the deal shortly before moving into the space. The lease provided for a substantial tenant improvement allowance (TIA) because the...

Allocate Risk of Business Interruption to Owner

November 24, 2015    

Q: I am negotiating a lease for space in an area where it seems that the city is often doing construction. There is at least one big public works project that will begin near the space in the next few months. It could interfere with the ease...

Clearly Defining Replacement Tenant in Cotenancy Clause

October 30, 2015    

Q: I’m negotiating a lease for space at a shopping center. I would like the cotenancy clause to provide that a specific well-known retailer that takes up a large space in the center must be replaced with a “major tenant” if...