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I've spoken at the Outdoor Retailer Summer and Winter Markets several times. Outdoor retailers have unique store considerations that outdoor business owners need to know. With another Outdoor Retailer around the corner, this is a great time to briefly mention how these concerns can be handled in your company’s retail leases: Retail vs. Storeroom Rent Outdoor retailers may need significant storage for inventory. While some retailers can place virtually all of their produ

In my nineteen years of experience handling about 700 leases, there has only been one instance in which the holdover provision was triggered. It remains, however, an important provision to protect a tenant at the end of the lease term. A holdover provision provides landlord a remedy in the event the tenant remains in the leased premises, or ‘holds over,’ after the end of the lease term. The holdover provision will provide landlord remedies in the event the tenant does not

The indemnification, release, casualty, condemnation sections are highly technical and are somewhat dependent on the law of the state which contains the leased premises. Indemnification The exact language for the indemnification will depend on the individual state law. The lease ideally should contain mutual indemnifications between landlord and tenant that exclude the negligence and willful misconduct of the other party. The landlord may want tenant to indemnify the land

The default section in a lease lists the set of conditions upon which a landlord may terminate a lease or tenant’s right to possession, as well as landlord's remedy. The default remedies are significant and can severely impact a tenant. This section should be reviewed to minimize the risk that landlord will be able to ever put tenant in default and seek a remedy. Default Triggers are Stiff The default provision typically will say that a default occurs in the event tenant f

There are a variety of maintenance and repair items with respect to leased premises and the building or shopping center that need to be addressed in the lease. Several of these items should be landlord’s responsibility, and a diligent tenant will address these items specifically in the lease to avoid any confusion or vagueness. Some things to consider for landlord’s maintenance are the following: Building Structure, Roof, and Utilities During the term, the landlord general

There are a variety of maintenance and repair items with respect to leased premises and the building or shopping center that need to be...

In a lease, 'additional rent' generally is defined as any amount due to landlord by tenant that is over and above base rent. Depending...

Now in mid-2023, U.S restaurant operators seem to be in one of two categories: (1) those getting back to normal operations, normal food...

Now in mid-2023, U.S. restaurant operators seem to be in one of two categories: (1) those getting back to normal operations, normal food...

The default section in a lease lists the set of conditions upon which a landlord may terminate a lease or tenant’s right to possession,...

I've spoken at the Outdoor Retailer Summer and Winter Markets several times in Salt Lake City. Outdoor retailers have unique store...

HOW THE MOORHEAD LAW GROUP CAN HELP YOU GROW - the Moorhead Law Group's Spring 2023 newsletter is available here.

I spent last Fourth of July weekend on Topsail Island, North Carolina, a coastal barrier island just south of the Outer Banks. At the...

In my nineteen years of experience handling about 700 leases, there has only been one instance in which the holdover provision was...

I've spoken at the Outdoor Retailer Summer and Winter Markets several times in Salt Lake City. Outdoor retailers have unique store...

In a lease, 'additional rent' generally is defined as any amount due to landlord by tenant that is over and above base rent. Depending...

The Great, Big Reset - Moorhead Law Group's January 2023 newsletter is available here. Happy reading!

In a lease, 'additional rent' generally is defined as any amount due to landlord by tenant that is over and above base rent. Depending...

I spoke at the Outdoor Retailer Summer and Winter Markets in Salt Lake City in 2010 and 2013 and know about the unique store operation...

The indemnification, release, casualty, condemnation sections are highly technical and are somewhat dependent on the law of the state...