• NY Apartment Law
  • Fair & Affordable Housing
  • Commercial Lease Law
  • Guidebooks
  • Archives
  • Main Articles
  • Model Lease Clauses
  • Q&A
  • Dos & Don'ts
  • Recent Court Rulings
  • eAlerts
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • NY Apartment Law
  • New York Apartment Law Insider
  • New York Landlord V. Tenant
  • Co-Op & Condo Case Law Digest
  • New York Rent Regulation Checklist, Fourth Edition
  • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
  • Fair Housing Coach
  • Assisted Housing Management Insider
  • Tax Credit Housing Management Insider
  • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
  • Commercial Lease Law Insider
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses: Tenant's Edition
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses, 17/e
  • Main Articles
  • Features
  • Broker's Buzz
  • Drafting Tips
  • In the News
  • Negotiating Tips
  • Plugging Loopholes
  • Traps to Avoid
  • Model Lease Clauses
  • Model Lease Clauses
  • Model Agreements
  • Other Model Tools
  • Q&A
  • Q&A
  • Pop Quiz
  • Winners & Losers
  • Ask the Insider
  • Recent Court Rulings
  • Landlord Wins
  • Landlord Loses
July 14, 2025
We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • July 14, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • July 14, 2025
CLLI_logo_2020.jpg
  • Archives
  • Main Articles
    • Features
    • Broker's Buzz
    • Drafting Tips
    • In the News
    • Negotiating Tips
    • Plugging Loopholes
    • Traps to Avoid
  • Model Lease Clauses
    • Model Lease Clauses
    • Model Agreements
    • Other Model Tools
  • Q&A
    • Q&A
    • Pop Quiz
    • Winners & Losers
    • Ask the Insider
  • Dos & Don'ts
  • Recent Court Rulings
    • Landlord Wins
    • Landlord Loses
  • eAlerts
Free Issue
The Habitat Group Logo
July 14, 2025
  • Log In
  • Log Out
  • My Account
Home » Topics » Commercial Lease Law Insider » Online Alerts

Online Alerts
Online Alerts RSS Feed RSS

Offer Gross Sales Compromise to Apprehensive Tenant

Jan 14, 2016

A common request from tenants is a “performance kickout right”—that is, a right to terminate the lease if its gross sales during a certain period fall below or don’t reach a certain dollar amount. But that’s treacherous for owners. Giving a termination right to a tenant opens the door for numerous problems: no rental income, reduced value of the center to lenders, and dark space that might violate your cot...

Read More

Don’t Get Burned After Pre-Lease Expenditures

Jan 14, 2016

Not all prospective tenants need architectural plans right away. But sometimes a prospective tenant needs to occupy new space so quickly that it wants you to start the buildout process before it signs your lease. You might agree to authorize your architects and engineers to prepare plans for the buildout to accommodate the tenant’s needs and severe time constraints. After all, you expect the prospective tenant to sign your lease.

Read More

Require Written Consent to Install Holiday Decorations

Dec 10, 2015

While the holiday season can benefit your shopping center by bringing in more foot traffic and increasing sales, it can also create conflicts over festive signs and displays. You may encounter a tenant that puts up a large holiday display that isn’t in keeping with the appearance of your center’s aesthetic. But if its lease doesn’t prohibit it from setting up holiday displays or signs, you might not be able to prevent...

Read More

Carve Out Right to Recapture Tenant’s Space After “Going Dark”

Dec 10, 2015

Commercial tenants typically want the right to “go dark”—that is, stop operating while continuing to pay rent—if their businesses aren’t generating enough revenue. “Going dark” can save tenants the cost of stocking and staffing the space they rent. But if you give a tenant the right to go dark, you may want to carve out a recapture right for yourself—allowing you to take back the space an...

Read More

Work with Property Manager to Reduce Lawsuits

Dec 10, 2015

To maximize your property’s value and profit, limiting premises liability should be a priority for you. Working with your property manager, who’s most likely to hear about and react to injuries before you do, can go a long way in avoiding personal injury litigation. To make sure your property manager understands the importance of preventing personal injuries and reacting to them appropriately when they do occur, make sure y...

Read More

Tailor Indemnification Clause for Specific Tenants

Nov 10, 2015

When you lease space to a tenant, it’s impossible to predict whether you’ll experience the unpleasant repercussions of accidents, injuries, or criminal acts that can be attributed to the tenant. These events can be costly, but as with most other risks involved in leasing space, you can plan for the worst and hope for the best. An airtight indemnification clause can ensure that you won’t be left paying the price for th...

Read More

Reap Rewards of Seasonal Pop-Ups Without the Risks

Nov 10, 2015

It seems like with each passing year, there has been an increase in national-brand “pop-up” shops appearing in shopping centers for the holiday season. Pop-up shops can be a great way to add pizzazz to your center, but they do pose some risks if you don’t understand the differences between these temporary tenants and long-term tenants, and prepare for them. Here are the top risks that you might run into—and how ...

Read More

Don’t Lose Lease Rights by Missing Deadline

Nov 10, 2015

If you’re like many shopping center owners, some of your tenants might have cotenancy rights. That is, you’re obligated to keep a certain space or spaces in the center leased to stores the tenant has specified in the lease. If you don’t, the tenant might have a right to pay lower rent, or even terminate its lease. But in some cases, owners have negotiated mutual termination rights if a cotenancy clause is triggered be...

Read More

Negotiate Estoppel Certificate Clause in Face of Changing Economy

Oct 8, 2015

If you’re working with a prospective lender, buyer, or investor for your office building or shopping center, the last thing you want is a surprise tenant issue that can hold up or even kill the deal. Any party preparing to spend money will want to know that it won’t be blindsided later with tenant claims that it’ll be responsible for resolving.

Read More

Is Your Damages Mitigation Effort Enough?

Oct 8, 2015

It seems unfair, but in some situations where a tenant has breached its lease and is no longer paying rent, the owner must try to mitigate its damages by finding another tenant who will pay rent. But if it’s not spelled out for you, how will you know if your efforts to find a new tenant are enough? A Connecticut case showed that an online ad placed by an owner for vacant space was insufficient to qualify as mitigating its damages...

Read More
Previous 1 2 … 18 19 20 21 22 23 24 25 26 … 55 56 Next
  • Publications
    • Assisted Housing Management Insider
    • Commercial Lease Law Insider
    • Co-op & Condo Case Law Tracker Digest
    • Fair Housing Coach
    • New York Apartment Law Insider
    • New York Landlord v. Tenant
    • Tax Credit Housing Management Insider
  • Additional Links
    • Contact Us
    • Advertise
    • Group Subscriptions
    • Privacy Policy
    • Terms of Use
  • Boards of Advisors
    • Assisted Housing Management Insider
    • Commercial Lease Law Insider
    • Fair Housing Coach
    • New York Apartment Law Insider
    • Tax Credit Housing Management Insider
©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • July 14, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • July 14, 2025
CLLI_logo_2020.jpg
  • Archives
  • Main Articles
    • Features
    • Broker's Buzz
    • Drafting Tips
    • In the News
    • Negotiating Tips
    • Plugging Loopholes
    • Traps to Avoid
  • Model Lease Clauses
    • Model Lease Clauses
    • Model Agreements
    • Other Model Tools
  • Q&A
    • Q&A
    • Pop Quiz
    • Winners & Losers
    • Ask the Insider
  • Dos & Don'ts
  • Recent Court Rulings
    • Landlord Wins
    • Landlord Loses
  • eAlerts
Free Issue
The Habitat Group Logo
July 14, 2025
  • Log In
  • Log Out
  • My Account