Feature
October 30, 2024
Make sure your clause covers 10 key elements.
Going to court is an expensive, time-consuming, and stressful way to work out problems with your tenants. That’s why increasing numbers of landlords incorporate arbitration clauses into their leases.
Drafting Tips
October 30, 2024
Here’s a creative solution to “exclusive” restrictions.
Owner Loses
October 30, 2024
What Happened: At the height of the pandemic, New York City adopted a law permanently voiding personal liability guarantees of commercial lease obligations arising between March 7, 2020, and June 30, 2021, and banning landlords from taking legal action to enforce those guarantees. A group of...
Owner Loses
October 30, 2024
What Happened: A Utah shopping center leased property for use as a massage therapy center, even though the tenant didn’t have a license to provide those services in the state. Four years later, three customers claimed that the tenant sexually assaulted them during their massage appointments...
Owner Loses
October 30, 2024
What Happened: A shopping center landlord sued to evict the tenant in charge of operating the mall’s food court for multiple lease violations, including failure to maintain the premises in a clean and orderly manner. After a three-day trial, the court concluded that the landlord failed to...
Feature
September 26, 2024
Consider four strategies for compromise.
Drafting Tips
September 26, 2024
Simply requiring tenants to comply with the ADA isn’t enough.
Pop Quiz
September 26, 2024
The right of a party to terminate a contract when the other party to the agreement commits a material breach is a fundamental principle of contract law. The black letter law: “A party’s continuing obligations under a contract are conditioned on there being no uncured material failure by...
Owner Wins
September 26, 2024
What Happened: Six months after an executive recruiting agency moved into its new office, employees began experiencing rashes and congestion while at work, problems that eased as soon as they left the building. Dissatisfied with building management’s response to its complaints, the agency...
Owner Loses
September 26, 2024
What Happened: A medical tenant remained in possession and paid the landlord normal rent after its one-year lease term expired. The landlord accepted the rent payments and didn’t demand that the tenant leave. Six months later, the property suffered flood damage. The tenant asked the landlord...
