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December 04, 2025
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Home » Topics » Commercial Lease Law Insider » Online Alerts

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Include 4 Costs in Limited Guaranty Cap

Make sure the limited guaranty covers your out-of-pocket leasing costs.
Jan 30, 2025

Include at least four costs in the guaranty cap.


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Don’t Lease to Government Agency Until It Gets Required Approvals

Dec 12, 2024
Glenn S. Demby

Don’t sign a lease with a federal, state, or municipal government agency unless and until it gets all of the approvals necessary to enter the lease. If the approvals aren’t all in place, the signed lease may turn out to be void or voidable by the government tenant ...


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Don't Agree to 'Keep' As-Is Space in 'Good' Condition

Nov 4, 2024

It’s neither contradictory nor uncommon to lease space to a tenant in “as-is” condition while also promising to maintain some or all of that space, such as the roof or parking lot, until the transfer is complete. You just need to be careful about how you word the obligation.


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Getting Control Over Tenant's Right to Amenities

Sep 3, 2024

Q: Most tenants at my property require certain amenities and they won’t sign leases for space there if they don’t get them. But I’ve heard of circumstances under which office building and retail property owners have had to get rid of amenities. How can I carve out a right to eliminate amenities in the future if it becomes necessary?


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Send Required Notices Even If Tenant Already Has the Information

Jul 29, 2024

It’s important to send tenants and other parties all notices the lease requires you to provide even if you think they already know the information the notice contains. Your supposition about the tenant’s knowledge may be 100 percent correct. But even if the required notification would come as “old news,” failure to provide it may endanger your rights under the lease.  


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Don't Leave Blanks in Printed Lease Forms

Jul 3, 2024

If you use a standard lease form that includes blanks for listing appropriate information, don’t leave any of the blanks empty. If you do and end up in a dispute with a tenant, you open the door to the court’s interpreting the meaning of the blank space using “parol” or external evidence in the tenant’s favor. And that can end up costing you big bucks.


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Commercial Lease Law Insider Named Best Real Estate Newsletter

Jun 23, 2024

On June 20, Commercial Lease Law Insider received the Gold Award for Best Newsletter from the National Association of Real Estate Editors (NAREE). A panel of expert judges from the Medill School of Journalism at Northwestern University selected the award winners announced at NAREE’s annual conference in Austin last week, from a record number of entries.


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Is Landlord Liable for Criminal Attacks in Tenant’s Leased Premises?

May 30, 2024

About every 30 seconds, somebody commits a violent crime in the U.S., according to the FBI. Crimes occur in stores, malls, office buildings, restaurants, bars, nightclubs, theaters, medical centers, parking garages, and countless other kinds of properties that are commercially leased. And when they do, victims are apt to sue the property owner for not doing enough to safeguard their security.


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Cap Gross Sales Exclusions that May Generate Profit for Tenant

May 1, 2024

Percentage rent leases commonly permit tenants to deduct or exclude certain kinds of transactions that don’t generate a profit for the tenant from the gross sales on which percentage rent is due. Typical examples include revenues from gift wrapping, deliveries, repairs to items purchased from the tenant, and discount sales to employees. The problem is that these services and sales may, in fact, generate significant revenue and profits.

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Get Extra Protection Against Tenant Use of Premises for Illegal Activities

Apr 1, 2024

New local laws may make landlords pay for tenants’ illegal business.

 


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