Owner Loses

Licensor Can't Bring Unlawful Detainer Lawsuit Against Licensee in Breach

November 28, 2023    
What Happened: A studio owner entered into a “License Agreement” giving a production company “the exclusive,” but “non-possessory” right to use the property. The production company defaulted on its rent payment and the owner brought an “unlawful detainer...
Feature

Set 13 Limits on Shopping Center Pylon Sign Rights

October 24, 2023    
Letting tenants post their own pylon signs may put your center’s liability and reputation at risk.    
Drafting Tips

Charge Tenants a Fee for Processing Their Assignment & Sublease Requests

October 24, 2023    
If tenants don’t have to pay fees, they’re more apt to flood you with requests.    
Traps to Avoid

Don't Fail to Specify Renewal Rent Amount or Process

October 24, 2023    
Not stating the specifics is likely to lead to two results, both of them negative.    
Owner Wins

Commercial Landlord Can Go to Court to Challenge COVID-19 Eviction Moratorium

October 24, 2023    
What Happened: Early in the COVID-19 pandemic, Los Angeles County imposed a temporary moratorium on residential and commercial evictions. A commercial landlord that had leased property to an auto repair tenant that was no longer paying rent due to COVID sued the county, claiming that the moratorium...
Owner Wins

Lease Clause Waiver of Jury Trial Rights Is Enforceable

October 24, 2023    
What Happened: A restaurant tenant sold its business to another operator and her brother, the Marcials, who signed a 10-year lease with the landlord to continue operating the restaurant and bar from its current location at the mall. Problems with the transaction arose, and the original tenant ended...
Owner Wins

Violation of Tenant’s Non-Compete Is Material Breach Justifying Eviction

October 24, 2023    
What Happened: A landlord bound by a no-compete clause with Verizon Wireless leased retail property to a vape shop for the “sole purpose of a vape, tobacco, clothing, computer repair” operation. The lease also required the tenant to refrain from competing with Verizon “or any...
Feature

How to Negotiate and Create an Effective Tenant Relocation Clause

September 27, 2023    
We’ll give you seven key terms to put into your relocation clause.  
Drafting Tips

Give Tenants a Limited Deadline to Sue You for Lease Violations

September 27, 2023    
Grudges are part of any personal or business relationships. It’s a lesson that most landlords learn when tenants bring or threaten lawsuits over old grievances in a bid to get out of their lease, stall an eviction, or otherwise increase their leverage over you in a current dispute. Defending...
Dos & Don'ts

Object Quickly If a Tenant Makes a Renewal Mistake

September 27, 2023    
If a tenant exercises a renewal option without following all the procedures or requirements set out in the renewal clause, object right away. Failure to speak now may mean that you’ll forever have to hold your peace. That’s because a court might determine that in keeping silent you...