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Home » Topics » Commercial Lease Law Insider » Plugging Loopholes

Plugging Loopholes
Plugging Loopholes RSS Feed RSS

Make Tenant Acknowledge Independent Investigation

Sep 9, 2008

Before signing a lease with you, a savvy prospective retail tenant may independently investigate your center's business operations, rather than relying solely on what you say about them. Therefore, the tenant should have only itself to blame if its store fails.


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Require Tenant to Maintain Elements of Space that Aren't Clearly Interior or Exterior

Sep 8, 2008

Your lease may make a tenant responsible for doing all interior maintenance work at its space, while you're responsible for doing all exterior maintenance work. Although you may think that distinguishing between the interior and exterior of the tenant's space is a snap, think again. Certain elements of a tenant's space can have both interior and exterior characteristics. For example, windows and automatic glass sliding doors at entrances and exits may face b...

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Require Tenant to Pay for All of Its Parking Spaces, Even Unused Ones

Sep 8, 2008

You may agree to give a tenant the right to use a set number of parking spaces at your building or center in return for a parking fee. But if your lease is like many we've seen, it may have a loophole that could result in a tenant paying you far less in parking fees than you expected. Here's the loophole: The lease doesn't address whether a tenant must pay for all of its parking spaces when it isn't using all of them.

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End Security Deposit Concession for Undeserving Tenant

Mar 1, 2008
CLLI_March2008_Model Lease Clause_Require Tenant to Meet Four Conditions to Keep Security Deposit Concession.pdf

To entice a desirable tenant to sign your lease, you may be forced to give it a security deposit concession. The concession may be to forgo a deposit altogether or to have the tenant put up less money than you'd typically require in a stronger leasing market. Either way, a security deposit concession is a special perk that you wouldn't want to give to just any tenant—especially not to one that becomes undeserving or a deadbeat.


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Get Flexibility in Applying Security Deposit if Tenant Gives You ‘Good-Guy’ Guaranty

Dec 1, 2007

Prevent Post-Lease Tax Law Changes from Tapping You Out

Oct 1, 2007

Get Right to Erect Scaffolding Without Tenant Retaliation

Jul 1, 2007

Do Your Leases Allow Response to Bird Flu, Other Health Epidemics?

Jun 1, 2007

Make Guarantor Pay Despite Settling with Tenant

Jun 1, 2007

Get Right to End Reduced Rent if Tenant Defaults

Mar 1, 2007
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