Best Commercial Lease Clauses – Fifth Edition


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Best Commercial Lease Clauses provides commercial property owners and managers with the information they need to structure their leases safely and effectively. It offers concrete suggestions on how to plug dangerous loopholes, stay within legal boundaries, and stop trouble before it begins. 
The Fifth Edition includes the best articles as originally published in the Commer­cial Lease Law Insider, and includes contributions from top leasing attorneys and real estate professionals, who provide their shrewd insights and astute, field-tested judg­ment—all in plain-English terminology.  
Best Commercial Lease Clauses contains more than 125 model lease clauses and other model tools, practical pointers, and examples. As a bonus, Best Commercial Lease Clauses comes with free online access to all of the model tools included in the book, which can be printed and put to immediate use.
The Fifth Edition of Best Commercial Lease Clauses has been updated as follows:
  • Chapter 2, “Access to Premises,” gives you an early occupancy agreement to protect yourself when giving tenants early access to the premises.
  • Chapter 16, “Description of Premises,” explains how to provide new tenants with your shopping center site plan while reserving the right to change that plan later.
  • Chapter 21, “Exclusives,” shows you how to draft a “landlord leasing covenant” as a compromise to get a strong tenant into your no-exclusives center.
  • Chapter 26, “Insurance,” explains how to make the tenant share as much of the insurance costs as it will agree to, by negotiating a deductible cap and spreading out the pass-through.
  • Chapter 32, “Memorandum of Lease,” shows you how to protect yourself by limiting the information contained in the memorandum of lease.
  • Chapter 34, “Parking,” explains how to negotiate common tenant parking requests in your favor, and gives you tips for addressing snow removal services in the lease.
  • Chapter 38, “Recapture,” explains how to negotiate broad rights to recapture a tenant’s dark space.
  • Chapter 44, “Rent Payment,” gives you a lease clause that imposes tough remedies on a tenant that chronically pays its rent late.
  • Chapter 47, “Security Deposit,” describes the key situations when you should have the right to demand a security deposit increase from the tenant.
  • Chapter 50, “Special Agreements,” shows you how to draft an indemnity agreement to protect yourself against a tenant that may be a “shell” company.
  • Chapter 51, “Specialty Leasing Issues,” shows you how to cut the risks of renting to seasonal “pop-up” stores.
  • Chapter 56, “Use,” explains how to draft a flexible use clause that can help a new or struggling tenant adapt to the market—while preserving your key rights.