Annual Index

Access

“Court Rulings: Owner's Refusal to Grant Access Equals Partial Eviction,” Oct., p. 7.

“War Stories: Protected Area Resolves Visibility and Access Issues,” Jan., p. 3

ADA & Leases

“Q&A: Defining ADA Responsibility in Lease,” Aug., p. 5.

Audits

“Dos & Don'ts: Conduct Audit Before Letting Tenant Exercise Performance Kickout Right,” May, p. 8.

CAM Costs

“Collect CAM/Operating Cost Increases During Year,” Oct., p. 1.

Compliance with Laws

“Court Rulings: Health Code Violations Don't Relieve Rent Obligation,” Sept., p. 8.

“Court Rulings: Owner's Refusal to Comply with State Law Equals ‘Constructive Eviction,’” Sept., p. 8.

Continuous Operation

“Drafting Tips: Don't Let Tenant that Defaults or Goes Dark Enjoy Special Perks,” Sept., p. 1.

Contractors

“Control Contractor Headaches When Tenants Expand,” July, p. 1.

“Protect Yourself from Liability Stemming from Your Approval of Contractors,” Jan., p. 1

Cotenancy

“Limit Cotenant's Remedies When Stores Go Dark,” May, p. 1.

Crime & Security

“Require Tenants to Comply with Your Fire Evacuation Plan,” Sept., p. 1.

Damage & Destruction

“Protect Yourself in Case You Can't Deliver Space on Time,” October Special Issue, p. 1.

Default

“Court Rulings: Owner's Future Plans Not Violation of Lease Terms,” Oct., p. 7.

“Court Rulings: Payment to Court Isn't Proof of Default,” Dec., p. 8.

“Drafting Tips: Don't Let Tenant that Defaults or Goes Dark Enjoy Special Perks,” Sept., p. 1.

Electricity & Energy

“Dos & Don'ts: Get Tax Breaks for Your Energy-Saving Initiatives,” October Special Issue, p. 8.

Environmental Hazards

“Lease Provisions that Cut Risk of Indoor Air Quality Problems,” Feb., p. 1.

“Require Tenants to Get Environmental Insurance,” April, p. 1.

“Specialty Leasing: Negotiate Cleanup Responsibilities, Remedies with Medical Office Tenant,” May, p. 1.

Estoppel

“Dos & Don'ts: Have Estoppel Certificate Identify All Documents Comprising Lease,” May, p. 8.

Eviction

“Court Rulings: Owner Must Inspect After Eviction,” Aug., p. 8.

“Court Rulings: Owner's Refusal to Comply with State Law Equals ‘Constructive Eviction,’” Sept., p. 8.

“Court Rulings: Owner's Refusal to Grant Access Equals Partial Eviction,” Oct., p. 7.

“Court Rulings: Tenant that Waited to Vacate Not ‘Constructively Evicted,’” April, p. 8.

“Court Rulings: Tenant's Excuse for No-Show Prevents Eviction,” May, p. 7.

Exclusive Use

“Bad Word: Avoid Disputes over Meaning of ‘Specialize’ in a Certain Cuisine,” Sept., p. 7.

Financing

“Negotiate ‘Financeable’ Leases to Obtain Future Loans,” June, p. 1.

Franchises

“Winning Compromises: How to Avoid Common Pitfalls of Franchise Leasing,” June, p. 1.

Guaranty/Guarantors

“Drafting Tips: Get Guaranty When Renting Space to Limited Liability Entity,” July, p. 1.

Holdover

“Protect Yourself in Case You Can't Deliver Space on Time,” October Special Issue, p. 1.

Indemnification

“Avoid Responsibility for Damage Suffered by Your Tenant,” March, p. 1.

“Minimize Risk When Planning Buildout Before Lease Signing,” October Special Issue, p. 6.

Insurance

“Court Rulings: ‘No Terrorism’ Insurance Policy Insufficient,” July, p. 8.

“Court Rulings: Owner Not Covered by Tenant's Insurance,” Feb., p. 7.

“Court Rulings: Tenant Didn't Have to Name Owner in Insurance Policy,” July, p. 8.

“Require Tenants to Get Environmental Insurance,” April, p. 1.

“Secure Right to Boost Tenant's Insurance Coverage,” Nov., p. 1.

Jury Trial

“Court Rulings: Jury Award Stands After Breach of Contract,” March, p. 7.

“Plugging Loopholes: Make Sure Subtenant Waives Its Right to Jury Trial,” Oct., p. 7.

Lawsuits

“Court Rulings: Issues Not Addressed in Settlement Agreement Require Separate Lawsuit,” Dec., p. 8.

“Court Rulings: Tenant Without Lease Can't Sue Owner for Violating Warranty,” March, p. 7.

Lease Drafting

“Dos & Don'ts: Don't Disclose Deal's Details to Attorney Before Checking Conflict of Interest,” Jan., p. 7.

“Drafting Tips: Get Three Protections in Commercial Condo Leases,” April, p. 1.

“Negotiate ‘Financeable’ Leases to Obtain Future Loans,” June, p. 1.

“Plugging Loopholes: Make Tenant Acknowledge Independent Investigation,” Sept., p. 4.

“Plugging Loopholes: Require Tenant to Maintain Elements of Space that Aren't Clearly Interior or Exterior,” Sept., p. 4.

Lease Execution

“Court Rulings: Defective Lease Execution Negates Original Lease Terms,” Oct., p. 7.

“Court Rulings: Lack of Witness at Lease Signing Doesn't Negate Agreement,” Nov., p. 4.

“Dos & Don'ts: Don't Use Residential Lease Form for Commercial Space,” October Special Issue, p. 8

Lease Negotiations

“Drafting Tips: Key Concessions to Help Attract Tenants During Downturn,” Nov., p. 1.

“Negotiate ‘Financeable’ Leases to Obtain Future Loans,” June, p. 1.

Liability, Owner's

“Court Rulings: ‘As-Is’ Clause Doesn't Apply to Profitability of Business,” Nov., p. 4.

“Court Rulings: Owner Not Responsible for Snow-Related Injuries,” Jan., p. 8

“Court Rulings: Owner's Failure to Offer Defense Solidifies Damage Claim,” Dec., p. 8.

“Q&A: Liability for Injuries in Tenant's Space,” October Special Issue, p. 5.

Liability, Tenant's

“Court Rulings: Damage Award Depends on Proof of Amount Lost,” June, p. 8.

“Court Rulings: Katrina Damage Didn't Justify Lease Termination,” June, p. 8.

“Court Rulings: Owner Can't Collect Damages Beyond Property's Fair Market Value,” Jan., p. 8.

“Court Rulings: Owner Not Required to Accept Lump Sum When Tenant Defaults,” Jan., p. 8.

“Q&A: Liability for Injuries in Tenant's Space,” October Special Issue, p. 5.

Mitigation of Damages

“Court Rulings: Owner Made Reasonable Efforts to Minimize Damages,” Feb., p. 7.

Notices

“Court Rulings: Tenant's Late Notice Can't Be Excused,” Sept., p. 7.

Parking & Parking Lots

“Court Rulings: Failure to Operate Parking Lot Continuously Isn't Lease Violation,” April, p. 8.

“Court Rulings: Owner Must Pay Cost of Replacing Parking Lot,” May, p. 7.

“Get 14 Key Protections When Licensing Portion of Center's Lot for Business Activity,” Jan., p. 1.

“Plugging Loopholes: Require Tenant to Pay for All of Its Parking Spaces, Even Unused Ones,” Sept., p. 4.

Renovation

“Minimize Risk When Planning Buildout Before Lease Signing,” October Special Issue, p. 6.

Rent

“Court Rulings: Health Code Violations Don't Relieve Rent Obligation,” Sept., p. 8.

“Court Rulings: Tenant Must Pay Rent Despite Water Damage,” March, p. 7.

“Maximizing Rent: Boost Retail Tenant's Minimum Rent with Last Year's Percentage Rent,” Nov., p. 8.

Rentable Space

“Seven Tips for Licensing Space to Kiosks,” Dec., p. 1.

Right of First Refusal

“Court Rulings: Tenant's Right of First Refusal Not Triggered by Management Agreement,” April, p. 8.

Rooftop Devices

“Dos and Don'ts: Control Telecom Service Provider's Use of Garage Rooftop,” Oct. p. 6.

“Specialty Leasing: Beware of Traps in Standard Rooftop Lease Agreements,” Oct., p. 1.

Security Deposit

“Rent Concessions: End Security Deposit Concession for Undeserving Tenant,” March, p. 5.

Shopping Centers

“Plugging Loopholes: Use Site Plan Disclaimer to Get Maximum Flexibility, Protection,” March, p. 1.

“Q&A: Specifying Supermarket Trade Name for Tenant at Your Center,” Sept., p. 6.

Signs

“Court Rulings: Sign Prohibition Doesn't Constitute Breach by Owner,” March, p. 7.

Sublet/Assignment

“Ask the Insider: Recapturing Space from Tenant Wishing to Sublet,” Feb., p. 1.

“Court Rulings: Assignment Does Not Eliminate Options,” Aug., p. 8.

“Court Rulings: Subletting Space Didn't Excuse Tenant from Lease Responsibilities,” May, p. 7.

“Court Rulings: Tenant Not Entitled to Space After Subtenant Default,” Aug., p. 8.

“Plugging Loopholes: Make Sure Subtenant Waives Its Right to Jury Trial,” Oct., p. 7.

Taxes

“Dos & Don'ts: Get Tax Breaks for Your Energy-Saving Initiatives,” October Special Issue, p. 8.

Tenants

“Specialty Leasing: Leasing to Federal Agencies: Is the Red Tape Worth the Greenbacks?” June, p. 6.

Termination

“Court Rulings: Tenant Terminated Lease in Bad Faith,” July, p. 8.

“Termination: Give Narrow Termination Option to Tenant Needing Loan,” Aug., p. 1.

Trade Names

“Q&A: Specifying Supermarket Trade Name for Tenant at Your Center,” Sept., p. 6.

Use of Premises

“Bad Words: Don't Say ‘Accessories’ in Use Clause,” Aug., p. 6.

“Consider 11 Factors Before Converting Property to Mixed Use,” Aug., p. 1.

“Dos & Don'ts: Don't Give New Tenant Broad Use if Existing Tenant Has Exclusive,” May, p. 8.

“Dos & Don'ts: If You Want Tenant to Sell ‘New’ Merchandise, Say So in Lease,” Oct., p. 6.

Waivers

“Court Rulings: Failure to Address Issue Does Not Mean Waiver,” Nov., p. 4.

“Insider Checklist: Get 15 Protections if Tenant Requests Landlord's Lien Waiver,” Dec., p. 1.

Zoning

“Dos & Don'ts: Convert Residential Property to Commercial Use,” October Special Issue, p. 8.