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The key is getting the tenant’s pre-agreement to representations. We explain how, and give you a Model Lease Clause that you can adapt for your own circumstances.
Tenants may insist on the right to install special equipment on the roof of the building so they can operate their business within the space they lease from you. Among other things, reserve the right to make the tenant physically shield or screen the equipment so that it doesn’t create a public eyesore that mars your building’s image and appearance.
A tenant notified its landlord that it was experiencing financial difficulties and needed to terminate its two-year office lease six months early. Email and phone conversations ensued, but no written agreement was reached. So, when the tenant stopped paying rent and vacated the building with seven months remaining on the lease, the landlord sued for damages.
A landlord demanded that a consulting firm tenant pay $389,984 in rent arrears. After receiving only a partial payment of $83,333, the landlord sent the tenant a lease default notice in July and a termination notice in August. Despite these actions, the tenant neither paid the balance nor surrendered the premises. So, the landlord took his claim to court.
Don’t let loud, boisterous events interfere with the professional atmosphere you work so hard to cultivate. Our Model Lease Clause sets eight parameters for tenant receptions and other events at which a tenant’s use inside the space it leases may disturb or disrupt other tenants in the building, center, or facility.
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 ...
High on the short list of game-changing amenities is common workspace and conference facilities. We’ll take a look at the concept, explain how to create a leasing strategy to implement it, and give you a Model Lease Clause incorporating 16 legal protections landlords that offer conference center amenities need.
What do you do when a desirable tenant that you badly want is currently stuck in a lease at another location? One possibility is to enter into a takeover arrangement under which you pay the tenant’s monthly obligations under the existing lease through the end of its term. But while this frees up...
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.
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.