Q & A

Negotiating 'Partial Invalidity' Clause for Changed Circumstances

July 31, 2018    

Q: I’m considering leasing space on the first floor of a mixed-use building that includes residential units. I’m concerned that if zoning laws change, I won’t be able to operate my business, but will still be on the hook for...

Taking Important Factors into Consideration for Lease Renewal

June 28, 2018    

Q: My lease is almost up, and I’m on good terms with the owner of my retail space. I don’t want to assume that the renewal terms offered will be reasonable. How can I prepare for a situation where the owner might offer renewal...

Staying Within 'Prescription Period' to Sue for Co-Tenancy Violation

May 24, 2018    

Q: Because I own multiple businesses, it’s easy to lose track of things like co-tenancy requirements. After the owner of...

Determining Likelihood of Injunction After Exclusive Waiver Is Declined

March 29, 2018    

Q: I signed a lease for space at a shopping center for my business, which sells a variety of entertainment products. At the time I signed the lease, my business didn’t carry toys. Because variety stores typically do sell toys, the...

Taking Two Steps to Find Solid Retail Space

January 31, 2018    

Q: As a first-time business owner, I’ll be looking for retail space in a shopping center. What should I be aware of when visiting properties and before signing a lease?

A: ...

Put Onus for Weather-Related Repair Costs on Owner

October 31, 2017    

Q: A couple of years ago, a hurricane damaged much of the shopping center where I lease space. My business had to shut down, but the owner tried to avoid paying to fix any damage so I could get up and running again. I don’t pay...

Don't Rely on Owner's Summary of Exclusives at Center

September 28, 2017    

Q: I’m considering leasing space in a large shopping center where I suspect many tenants already have exclusive use clauses. I need some reliable way of determining whether those rights will affect my ability to sell certain products....

Avoiding Pitfalls of Lease Renegotiation

August 30, 2017    

Q: My business has been experiencing what I anticipate will be a temporary financial setback. I’m considering approaching the owner of the space I lease to ask for a renegotiation that would put things back on track. What are some...

Take Seven Steps to Keep Lease for New Location Flexible

July 31, 2017    

Q: I’m expanding my retail business and looking for prospective shopping center space. Although the other locations I operate have done extremely well, the new location captures a slightly different customer base. I want to make sure...

Drafting Limits on Guaranty in Lease

May 31, 2017    

Q: The owner of the space I’m considering leasing wants me to provide a guaranty. I’ve found a guarantor, but I want to avoid giving the owner unfettered power and make sure the guarantor is protected. Otherwise, what incentive...

Meeting Requirements to Bring Claim to Trial

April 19, 2017    

Q: A provision in my lease for space in a retail center specifies that I must fix any damage to the elevator that I use as part of my business. The owner recently discovered that the equipment has been damaged, and it sent me a notice to cure...

Following Rules During Post-Lease Tenancy

March 29, 2017    

Q: My retail business is in trouble, but instead of closing, I’m trying to find a buyer. The owner of the space has obtained an eviction order because I had defaulted on my rent obligations. Now, I’ve offered to pay the back rent...