August 29, 2019

Just when retailers thought the challenge of the Great Recession was finally behind them, another challenge - lurking for years – is rising fast: Amazon. 

Hundreds of articles have been published with advice on how “brick and mortar” retailers can differentiate their ph...

August 29, 2019

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...

December 6, 2018

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...

November 14, 2018

A security deposit is the landlord’s attempt to mitigate the risk of a tenant that cannot, or will not, honor its lease obligations.  A landlord will review a prospective tenant’s financial statements, operating history, and reputation to determine this risk. 

Tena...

October 16, 2018

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. 

T...

October 11, 2018

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 s...

September 19, 2018

Just when retailers thought the challenge of the Great Recession was finally behind them, another challenge - lurking for years – is rising fast: Amazon. 

Hundreds of articles have been published with advice on how “brick and mortar” retailers can differentiate their ph...

September 19, 2018

A security deposit is the landlord’s attempt to mitigate the risk of a tenant that cannot, or will not, honor its lease obligations.  A landlord will review a prospective tenant’s financial statements, operating history, and reputation to determine this risk. 

Tena...

September 19, 2018

In a lease, 'additional rent' generally is defined as any amount due to landlord by tenant that is over and above base rent.  Depending on the lease, the big three additional rent items are (i) common area maintenance costs, (ii) real estate taxes, and (iii) landlord’s...

July 31, 2018

Generally speaking, a tenant should be allowed to have control over the aesthetic design and construction standards of its leased premises. 

Subject to a landlord’s signage and construction requirements, certain prior approval from landlord, and applicable law, the tena...

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