Feature, Drafting Tips, In the News, Plugging Loopholes, Resolving Disputes, Negotiating Tips, Q & A, Dos & Don'ts

How to Create a Lease Arbitration Clause

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.

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.

 

 

How to Negotiate for Including Capital Improvement Costs in Tenant’s CAM Charges

September 26, 2024    

Consider four strategies for compromise.

 

 

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 10 Protections When Restructuring Lease of Percentage Rent Tenant

August 27, 2024    

Offering any tenant rent relief is inherently risky.

 

 

Like so many landlords these days, you may be considering restructuring your lease to aid a percentage rent tenant that’s struggling to stay afloat. While avoiding a vacancy by helping the tenant stay...

Limit Liability If You Can’t Deliver Timely Possession of Premises

July 29, 2024    

Here’s how to keep the tenant and cut your liability risks.

 

 

How to Compromise on "Sunset Clause"

July 29, 2024    

Put four things in a clause excusing tenant for costs billed long after they were incurred.

 

 

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...

Don't Leave Blanks in Printed Lease Forms

July 3, 2024    

If you use a standard lease form that includes blanks for listing appropriate information, don’t leave any of the blanks empty. If you do and end up in a dispute with a tenant, you open the door to the court’s interpreting the meaning of the blank space using “parol” or...

Require Tenants to Promptly Sign Lease Amendments Demanded by Lenders

June 25, 2024    

Don’t let a tenant’s foot-dragging cost you a loan.

 

 

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...