Commercial Tenant's Lease Law Answer Book

Commercial Tenant's Lease Law Answer Book features questions and answers about the most common and most important issues that arise for tenants negotiating or re-negotiating a commercial lease. 

Using commercial property as a tenant, or advising a client who does, can be very complicated. Many rules, restrictions, and regulations apply to these properties, and negotiating a commercial lease that benefits the commercial tenant—while also keeping the commercial owner satisfied—is a tricky juggling act.  Commercial Tenant's Lease Law Answer Book is designed to clarify typical and not-so-typical commercial lease issues, highlight a tenant's advantages, and turn the experiences of others into cautionary tales that provide valuable lessons. It provides quick and authoritative answers to questions using simple, straightforward language to help you deal with complicated issues that arise as a commercial tenant.

Topics covered by the Commercial Tenant's Lease Law Answer Book include:

• Fighting restrictions to your alteration and repair plans
• Negotiating leases for mixed-use properties
• Updating your lease provisions for better risk management
• Crafting the best tenant-friendly insurance provisions in your lease
• Subletting and assigning your space, legally and profitably
• Negotiating options, rights, and renewals
• Writing default and termination provisions that favor your interests
• Establishing your rights and obligations regarding operating expenses and CAM costs
• Preventing option exercise mistakes
• Complying with your owner's written obligations and implied warranties
• And much more!

Commercial Tenant's Lease Law Answer Book meets the challenges of providing answers that can be understood easily and applied immediately, thereby making it a must-have in any business professional's library.

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Table of Contents

Chapter 1: Alterations, Improvements & Repairs

• Make Owner Decide Your Restoration Responsibility When It Consents to Alterations
• Defining 'Vanilla Box'
• Defaulting Tenant Can't Stop Owner from Making Alterations
• Know Equipment-Maintenance Terms of Your Lease
• Lease Restrictions on Small Antennas May Be Invalid
• Owner Can't Require Tenant to Remove Pre-Occupancy Improvements
• Protecting Employees from Poor Indoor Air Quality
• Unclear if Tenant Followed Lease's Contractor Requirements

Chapter 2: Compliance with Laws

• Judge Questions Whether Lease Language or Bankruptcy Law Applies
• Holdover Subtenant Gets Attorney's Fees for Dismissed Eviction
• Owner Could Not File Duplicative Lawsuit for Future Rent
• Owner Violated Implied Duty of Cooperation
• Tenant Entitled to Fees, Defense Costs from Owner

Chapter 3: Cotenancy, Continuous Operations & Go-Dark Issues

• Track Key Lease Dates, Deadlines
• Ensure Your Ground Lease Is Air Tight
• Phase in Operating Cotenancy Requirements if Center Has Many Vacancies

Chapter 4: Defaults & Violations

• Tenant's Refusal to Pay Additional Rent Violated Stipulation of Settlement
• Owner Not Required to Mitigate Damages After Tenant's Breach
• Owner Waited Too Long to Sue for Overdue Percentage Rent
• Tenant that Doesn't Want to Cure Breach Not Entitled to Injunction
• Accelerating Rent After Tenant's Breach Not a Penalty

Chapter 5: Evictions & Condemnation

• Owner Could Garnish Tenant's Joint Bank Accounts
• Tenant Can't Use Bankruptcy Law Solely to Avoid Eviction
• Tenant Was Not Constructively Evicted

Chapter 6: Insurance

• Ordered to Get Terrorism Coverage When Lease Is Silent
• No Dismissal of Tenant's Lawsuit Against Insurer
• Owners Entitled to Insurance Proceeds from Tenant's Policy
• Tenant's Insurer Not Entitled to Damages from Owner

Chapter 7: Lease Drafting & Negotiating Tips

• Add Synonyms or Exclusions to Convey Meaning of 'First Class' in Use Clause
• Consider Setting Occupancy Requirements in Co-tenancy Clauses at Mixed-Use Development
• Don't Sign Lease that Deprives You of Period to Cure Lease Violation
• Don't Give Away to Agents/Owners How Overly Excited You Are
• Encourage Owners to Compete for You
• Don't Use Colors in Lease Exhibits if Copies Will Be in Black &White
• Start Lease Negotiations Sufficiently Far in Advance
• Vague Lease Provision Helps Tenant
• 10 Key Issues When Negotiating Lease for Space in a Mixed-Use Development

Chapter 8: Options, Rights & Renewals

• Evidence Didn't Prove Owner Promised to Renew Lease
• How to Prevent Option Exercise Mistakes
• Seize Opportunities for Rent Concessions After Signing Retail Lease
• Take Six Steps When Owner Asks You to Sign Estoppel Certificate
• Get Right to Cancel Renewal Option if Renewal Rent Is Too High

Chapter 9: Rent & Security

• Tenant Must Pay Back Rent and Taxes
• Lease's Double-Rent Holdover Clause Is Enforceable
• Protect Your Space from Car Crash Damage
• Tenant Must Pay 100 Percent of Real Estate Tax Escalations
• Tenant Not Responsible for Proportional Amount of Security Guard Costs

Chapter 10: Sublets & Assignments

• Get Owner to Sign Recognition, Attornment Agreement for Sublet Space
• Meet Four Conditions to Achieve Post-Assignment Release
• Owner Cannot Require Assignee to Abide by Lease Terms
• Make Sublease's Cure Periods Shorter than Lease's Cure Periods
• Protect Your Assignment/Sublet Rights
• How to Spot Hidden Assignment/ Subletting Restrictions in Your Lease

Chapter 11: Termination of Lease

• Challenge Owner's Right to Terminate Lease, Before It's Too Late
• Limit Owner's Right to Terminate Lease if Space Is Damaged
• Termination Option Applied During Extension Term
• Owner Could Terminate Lease to Redevelop Shopping Center
• Tenant's Late Payment Negated Cancellation Right
• Lease Canceled Due to Property's Complete Destruction

Chapter 12: Use/Exclusive Use Issues

• Avoid Basing Proportionate Share on Center's Gross 'Leased' Area
• Limit Where Owner Can Relocate You
• Make Sure Multi-Space Sale Triggers Your Right of First Refusal
• How to Persuade Owner to Give You Exclusive
• Tenant Not Entitled to 'Leasehold Advantage' Upon Condemnation

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