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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.
The bad news is that you may not be able to completely contract out of your duty to mitigate damages; the good news is that you can limit it. But to do so, you need to add specific language to your lease. Here’s how to draft and negotiate a fair, reasonable, and legally enforceable mitigation of damages limitations clause, along with a Model Lease Clause that you can adapt for your own use.
What Happened: The federal government leased two floors of an office in Queens to house the Field Office of the United States Citizenship and Immigration Services. The 15-year lease included the following clause ...
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 ...
What Happened: Tenants, an elementary school operated as a Delaware limited liability company and the husband and wife who owned it, wanted to renew their 10-year lease after it expired. But rather than an extension, the owners insisted on a lease amendment naming the LLC as the only tenant ...
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.