Is Tenant Liable for Its Customers’ Conduct in the Common Areas?

A tenant’s customers and other “invitees” can create nuisances or disruptions that not only disturb other tenants but also harm a shopping center, office building, or other property’s image and reputation. While most leases seek to hold tenants accountable for their invitees, these protections won’t work if they’re poorly drafted. The following scenario illustrates some of the common problems in invitee clauses.