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...

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...

June 6, 2018

During a lease negotiation, the retail tenant likely will spend the majority of its energy focusing on the business terms in the lease - such as rent, term, TI allowance, security deposit.

The tenant also should spend some time thinking about its operation in the premis...

April 3, 2018

A radius restriction is a restriction put in place by a landlord when it charges percentage rent.  The radius restriction prevents a tenant from opening another store within a certain radius of the leased premises. 

Purpose

The purpose is to prevent tenant from open...

November 14, 2017

There are three main types of rent in leases: base rent, additional rent, and percentage rent.  Additional rent and percentage rent are topics for another post, but here is a quick summary of each of these three types:

Base Rent: The annual rent paid for the right to th...

October 23, 2017

The permitted use provision in a lease will state the specific things for which tenant can use the premises. 

An office landlord likely will limit the permitted use to office uses.  A retail landlord will try to limit the permitted use section to only those uses that re...

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