Drafting Tips

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Tenants may try to hide the real profits they make from a subtenant or assignee.

Simply requiring tenants to comply with the ADA isn’t enough.

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 option to renew the lease. Normally, you’d execute the renewal by having the tenant sign a lease amendment that lists the new renewal rent and termination date while leaving all of...

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 commercial leases. But until recent times, it was largely regarded as boilerplate relegated to the back of the lease with all of the other supposedly inconsequential terms.

Allowing tenants to sublease the property they lease from you to third-party subtenants over whom you have no direct control carries a degree of risk. Since you don’t have a direct contract with the subtenant, you may be dependent on the tenant to enforce the terms of the sublease and have no direct way of compelling the subtenant to comply. An effective solution to this problem is to have the tenant assign its sublease enforcement rights directly to you. Here&rsq...