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

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...

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...

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August 29, 2019

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