Feature
February 27, 2024
Here’s how to motivate tenants to sign estoppel certificates promptly.
Drafting Tips
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 beholder. While they might not...
Owner Wins
February 27, 2024
What Happened: Wracked by COVID-19 financial struggles, a restaurant filed for Chapter 11 bankruptcy while continuing to operate its restaurant in Chicago’s prestigious Magnificent Mile District as a debtor-in-possession with hopes of assuming the lease after being discharged. But having...
Owner Wins
February 27, 2024
What Happened: After receiving a notice to file claim from a contractor who didn’t get paid for fire prevention work performed on a Boston Market restaurant, the landlord notified the tenant leasing the property that it was in default of the lease and gave it 30 days to cure. The tenant...
Owner Loses
February 27, 2024
What Happened: Blockages in sewer pipelines located outside the property caused a constant stream of sewer backups inside a tenant’s store. Eventually, the tenant decided that enough was enough and vacated the premises. When the landlord sued for unpaid rent, the tenant claimed that the sewer...
Feature
January 30, 2024
Balance your need to maintain order with the rights of political groups.
This November’s presidential election may be the most volatile in recent memory. In the months ahead, political groups and protestors may demand access to the common areas of your shopping center for...
Drafting Tips
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...
Owner Wins
January 30, 2024
What Happened: A shopping center sent an email asking a restaurant tenant to renew its lease at an increased rent. The tenant signed the attached amended lease without reading it. Five years later, it vacated the property and stopped paying rent. The landlord served the tenant with a notice of...
Owner Loses
January 30, 2024
What Happened: An exterminator working for Best Buy suffered serious injury after slipping and falling in the store’s icy parking lot. He sued Best Buy and the landlord that owned the property for negligence. Best Buy denied responsibility for maintaining the parking lot in safe condition...
Owner Wins
January 30, 2024
What Happened: The landlord sued a dry-cleaning tenant for nearly $200,000 in damages, including $46,733 in unpaid rent that accrued up to the time the tenant vacated. It also went after the good guy guarantor that “unconditionally, irrevocably and as a primary obligor” guaranteed the...