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What Happened: A landlord got the individual principal of a new restaurant to sign a guaranty of the tenant’s performance of the lease. The guaranty, which the tenant didn’t sign, included a waiver of jury trial clause. Disputes later arose, and the tenant and landlord sued each other for breach of contract ...
Offering the right amenities—like pools, fitness centers, and game rooms—can give you a decisive edge in attracting and retaining tenants. But setting rules for safely using amenities exposes you to risk of liability under fair housing laws, particularly claims of discrimination against f...
Securing a full or partial abatement or exemption on your property’s real estate taxes is a cause for celebration. But that champagne may taste far less sweet if you end up having to share those hard-won benefits with your tenants.
Tenants that are strapped for cash may send a check covering only part of the rent due for that particular month. Such partial rent checks may create a major dilemma for landlords. On the one hand, partial payment is better than no payment at all. The problem is that by accepting a partial payment you may waive your right to collect the balance due. And because waivers are hard to undo, if you make a practice of cashing partial rent checks, you may even be granting the ...
Standard HVAC provisions aren’t enough to protect you when tenants want to use split A/C units. We explain, and give you a Model Lease Clause you can adapt to your own circumstances.
In honor of Fair Housing Month, our April issue takes a break from our usual lesson to test your knowledge of fair housing law. Based on your answers to our quiz, you’ll be able to identify any potential problem areas that might merit some further attention or training. You can then browse our website for lessons on the topics you or your staff should brush up on.
A few months into a lease, the landlord discovered that the tenant was advertising cannabidiol (CBD) and kratom for sale at the store and warned it to cease and desist or face immediate eviction. The tenant ignored the warning and began selling “Prohibited Products” as well, including bongs, pip...