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Negotiating Tips

Home » Topics » Commercial Lease Law Insider » Negotiating Tips
  • Apr 29, 2025
    CLLI_0525-MLC-Mitigating-Damages.pdf
    By Glenn S. Demby

    Limit Your Duty to Re-Let Vacancies When Mitigating Damages of Defaulting Tenant

    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. 

  • Jan 30, 2025
    By Glenn S. Demby

    Be Sure Limited Guaranty Covers Your Out-of-Pocket Leasing Costs

    Include at least four costs in the guaranty cap.

  • Jul 29, 2024
    CLLI_0824 MLC Set Limits.pdf

    How to Compromise on "Sunset Clause"

    Put four things in a clause excusing tenant for costs billed long after they were incurred.

     

     

Read More
  • Jun 25, 2024
    CLLI_0724 Use Model lease Clause.pdf

    How to Compromise on Permitting Non-Retail Uses in Shopping Center

  • Sep 23, 2022
    CLLI_2022_10_MLC_BadDebt.pdf

    How to Deal with Retail Tenant's Demand to Exclude Bad Debts from Gross Sales

  • Feb 20, 2022

    Limit Holdover Rent Cuts to Short Holdovers

  • Jul 21, 2021
    CLLI_2021_08_MLC_TaxAfterSale.pdf

    Compromise on Tax Hikes Resulting from Sale of Property Early in Lease

  • Oct 21, 2020

    11 Best Practices for Seeking COVID-19 Financial Relief from Your Lender

  • Jun 17, 2020

    10 Key Leasing Lessons from the First Phase of the COVID Crisis

  • May 19, 2020
    CLLI_2020_06_MLtr_Pay_Arrears.pdf

    Leverage Guarantor's Personal Liability to Get Tenants to Pay Rent Arrears

  • Jun 24, 2019

    Count Installment Payments in Gross Sales as Early as Possible to Maximize Percentage Rent

  • Jan 17, 2019
    CLLI_2019_02_MLC_One_Arbitrator.pdf

    Negotiate Use of One Experienced Arbitrator for Extension Option Disputes

  • Apr 30, 2018
    CLLI_2018_05b_MLC_Visibl_Protect.pdf

    Carve Out Owner-Favorable Flexibility When Negotiating Visibility Protection

Read More

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