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.
Q: I’m negotiating a lease with a prospective tenant for my shopping center. I’ve been sued several times in the past few years for personal injuries sustained at the center. I’d like to avoid any further lawsuits. Can I include provisions in the lease that would relieve me from liability for an accident resulting from conditions caused by me, not the tenant, at the center?
Q: I rented space to a tenant under a lease that contained an arbitration provision. The provision specified that all items except for those pertaining to rent—specifically, nonpayment of rent—must be arbitrated. The tenant violated the terms of its lease by refusing to: (1) pay for the space during a holdover period; (2) pay to have its fixtures removed; and (3) pay to repair damage to its space.
Q: I’ve allowed relatively strong tenants in my shopping center to give me a letter of credit for their security deposits. Now, a small tenant is asking for the same arrangement. The products the tenant sells would be important for synergy at the center, but I’d like to protect myself against problems that could arise if I ever have to draw on the L/C. What should I say about the L/C in the lease?
Q: The leases I signed with several tenants at my shopping center didn’t mention online sales in the gross sales exclusion provisions in the lease. I recently started mentioning online sales in my leases, but I think that other, new types of sales may arrive in the future. How can I address those sales in the leases I’m currently signing?
Q: I’d like to make changes to the appearance of my shopping center, but under the lease with one of my tenants, the tenant has to give its consent to the changes before I can make them. I believe the changes won’t affect the tenant, so I think it’s being unreasonable by withholding its consent. Things are at a standstill. The tenant wants to arbitrate the issue, but I want to go to court to settle the matter. Who will prevail?
Q: If my tenant causes damage to the space it rents from me, or is responsible for accidents or injuries that happen there, it’s only fair that the tenant should pay for them. Is there a way to make the tenant pay for damage it causes and also help me to avoid responsibility for damages I suffer as a result of my actions?
Q I own a shopping center in a neighborhood that’s undergoing “urban gentrification,” but still has some rough areas where petty crimes take place. The lower rent and extra space I can offer to tenants is attractive, but many of them want to negotiate an early exit strategy in case the neighborhood doesn’t improve or worsens. How can I address their concerns while maximizing my control?
Q A current tenant is negotiating a move to another space in the same retail center I own. Which relocation costs are fair for me to pay, and what costs should I expect the tenant to cover?
A If the tenant is moving at your request, then it may negotiate for you to pay:
Q To correct a building code violation, I took over the storage area in office building space that’s currently rented by a retail tenant. The tenant breached the lease by not complying with the building code, which it was required to do under our agreement. Now it claims that I’m in breach of the “covenant of good faith and fair dealing” by retaking part of its rented space. Is this accurate?
RSS