Drafting Tips

Limit New Tenant's Sales of Items Subject to Existing Tenant's Restrictive Covenant

October 30, 2024    

Here’s a creative solution to “exclusive” restrictions.

 

 

Require Tenants to Notify You of Alleged ADA Violations

September 26, 2024    

Simply requiring tenants to comply with the ADA isn’t enough.

 

 

Get Right to Make Tenant Execute Renewal as a Lease Amendment or New Lease

September 23, 2024    

A lease amendment is usually simpler and easier—but not always better.

 

 

Lease amendment or new lease? It’s easy to overlook the importance of controlling the mechanics of the renewal process. Consider the scenario where a tenant exercises its...

Get Right to Make Tenant Execute Renewal as a Lease Amendment or New Lease

July 29, 2024    

A lease amendment is usually simpler and easier—but not always better.

 

 

Lease amendment or new lease? It’s easy to overlook the importance of controlling the mechanics of the renewal process. Consider the scenario where a tenant exercises its...

Give Tenants Force Majeure Relief But Make 3 Key Exceptions

June 25, 2024    

Post-pandemic, tenants are seeking to expand the scope of the force majeure clause.

 

 

The so-called force majeure clause excusing a party to a lease from performing its duties if a catastrophic event beyond its control happens has long been a staple of...

Get Right to Take Direct Legal Action Against Defaulting Subtenants

March 29, 2024    

Allowing tenants to sublease the property they lease from you to third-party subtenants over whom you have no direct control carries a degree of risk. Since you don’t have a direct contract with the subtenant, you may be dependent on the tenant to enforce the terms of the sublease and have...

Give Desirable Tenant Early Termination Rights for Noxious Odors

February 27, 2024    

But set clear limitations.

 

 

Commercial leases typically require tenants to refrain from creating nuisances that interfere with other tenants’ use and enjoyment of their property. The problem is that “nuisance” is often in the eye of the...

Get Right to Use Base Year Tax Reductions to Calculate Tenants’ Tax Increase Payments

January 30, 2024    

Like many landlords, your lease may contain a tax escalation clause requiring the tenant to pay its share of any real estate tax increases that occur during the lease term. These increases are often measured off a base year, typically the first year of the lease. However, pegging future tax...

Get Right to Change Use of Specialty Building or Center

November 28, 2023    

Don’t get boxed in by implied use restrictions.

 

 

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.

 

 

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....

Set Conditions Before Letting Tenants Pay Rent by Electronic Deposit

June 26, 2023    

Unlike so many other aspects of the commercial leasing business, methods of paying rent haven’t changed all that much over the years. The majority of tenants still mail out their monthly checks to the landlord. However, a growing number of businesses prefer to remit their rent...