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Commercial Lease Law Insider

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  • Commercial Lease Law Insider

    Keep Tenant’s “Good Guy” Guarantor on the Hook Until You Get Leased Space Back

    CLLI 072025.jpg
    Jun 26, 2025
    Feature
    By Glenn S. Demby

    Here’s how to guard against three common scenarios that can leave you in the lurch.

  • Drafting Tips

    Protect Your Right to a Share of Tenant’s Sublease or Assignment Profits

    Jun 26, 2025
    Drafting Tips
    By Glenn S. Demby

    Tenants may try to hide the real profits they make from a subtenant or assignee.

  • Dos & Don'ts

    Don’t Require Tenant to “Reimburse” You for Real Estate Taxes You Haven’t Yet Remitted

    Jun 25, 2025
    Dos & Don'ts
    By Glenn S. Demby

    The word “reimburse” means to pay back. So, requiring reimbursement may preclude you from collecting the tenant’s pro rata share until after you actually pay the tax bill.

  • Owner Wins

    Landlord Needn’t Prove Damages to Evict Tenant for Material Breach

    Jun 24, 2025
    Owner Wins
    By Glenn S. Demby

    A childcare center tenant that paid base rent each month didn’t pay its share of the property tax and utility bills or obtain the required insurance. So, six months into the lease, the landlord served the tenant with an eviction notice ....

  • Owner Wins

    No Full Rent Abatement for Mold When Part of the Space Is Safe

    Jun 23, 2025
    Owner Wins
    By Glenn S. Demby

    Among the victims of Hurricane Harvey, which swept through Houston in August 2017, was a testing services tenant’s relationship with its landlord. The tenant claimed that the mold spawned from Harvey’s rains rendered the office space unsafe for its employees ....

Feature

  • Clli 0625 cover image
    May 29, 2025
    CLLI_0625-MLC-Estoppel-Certificate-(1).pdf
    By Glenn S. Demby

    How to Avoid Costly Estoppel Certificate Disputes

    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.

  • Shutterstock 1310203213
    Apr 30, 2025
    CLLI_0525-MLC-Office-Building-Ambience-.pdf
    By Glenn S. Demby

    Set 8 Ground Rules When Letting Tenants Host Receptions in Their Office Space

    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.

  • Clli 0425
    Mar 26, 2025
    CLLI_0425-Model-Letter.pdf
    By Glenn S. Demby

    How to Accept Partial Rent Payments Without Waiving Right to Collect Full Amount Owed

    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 ...

  • Clli 03 2025 conference room
    Feb 27, 2025
    CLLI_0325_Model-Lease-Clause.pdf
    By Glenn S. Demby

    Get 16 Lease Protections When Letting Tenants Use Conference Center

    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.

  • Clli 0225
    Jan 31, 2025
    CLLI_0225-MLC.pdf
    By Glenn S. Demby

    Get 9 Protections When Agreeing to Take Over a New Tenant’s Lease

    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...

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Drafting Tips

  • May 28, 2025
    CLLI_0625-MLC-Rooftop-Equipment-(1).pdf
    By Glenn S. Demby

    Make Tenant Conceal Unsightly Rooftop Equipment

    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.  

  • Mar 25, 2025
    CLLI_0425-Model-Lease-Clause.pdf
    By Glenn S. Demby

    Get 5 Protections When Letting Tenants Install Special HVAC Equipment

    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.

  • Oct 30, 2024
    MLC_Limit_Sales.pdf

    Limit New Tenant's Sales of Items Subject to Existing Tenant's Restrictive Covenant


     

     

  • Sep 26, 2024
    CLLI_1024 Model Lease Clause Tenant Duty.pdf

    Require Tenants to Notify You of Alleged ADA Violations

    Simply requiring tenants to comply with the ADA isn’t enough.

     

     

  • Jul 29, 2024

    Get Right to Make Tenant Execute Renewal as a Lease Amendment or New Lease

    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...

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    Glenn S. Demby
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