Tenants’ Obligation to Provide Financial Information Under a Commercial Lease
Commercial leases frequently include an obligation for the tenant to provide financial information to the landlord upon request. These provisions serve as a means for landlords to assess the financial health of tenants and any guarantors, which is crucial for managing...
Signage Provisions in Commercial Leases
Signage provisions are frequently an important component of commercial leases, particularly in retail environments where visibility and brand recognition play a critial role in a tenant's success. The signage provisions in a lease outline the terms under which tenants...
Consequential Damage Waivers in Commercial Leases
In the realm of commercial leasing, the allocation of risk and liability is a central concern for both landlords and tenants. One critical aspect of this negotiation is the treatment of consequential damages—a category of damages that can extend beyond the direct,...
Holdover Provisions in Commercial Leases
Holdover provisions are an important aspect of commercial leases, where the timing of tenant turnover can have significant implications for landlords. A holdover occurs when a tenant remains in possession of the leased premises after the expiration of the lease term...
Negotiating A Cap on Controllable Operating Expenses in a Commercial Lease
In the context of commercial real estate, particularly with triple net (NNN) leases, the allocation of operating expenses is a key component. NNN leases typically allow landlords to pass through the cost of operating a property to tenants. While this arrangement...
Landlord Waiver/Subordination Agreement in Commercial Leasing
A Landlord Lien Waiver or Subordination Agreement is a legal document in which a landlord agrees to waive or subordinate any security interest they may have in a tenant's personal property, such as inventory or equipment, located within the leased premises. This...
Tenant Self-Help Provisions in Commercial Leases
Tenant self-help provisions in commercial leases are unique clauses that allow tenants to address specific landlord defaults by taking action themselves. These provisions are rare and typically only accessible to tenants with significant bargaining power. A...
Tenant Surrender Obligations in Commercial Leases
Tenant surrender obligations are an important aspect of commercial leasing, defining the conditions under which a tenant must return the leased premises to the landlord at the end of the lease term. These obligations impact the landlord's ability to re-let the space...
Tenant Improvement Allowances in Commercial Leases
In commercial leasing, tenant improvement allowances (TIAs) are a common and important component of lease negotiations, requiring careful consideration by both landlords and tenants. What Is a Tenant Improvement Allowance? A tenant improvement allowance is...
Allocating Responsibility for Interruptions in Utility Service under a Commercial Lease
Utility service is a fundamental component of any commercial lease, ensuring that tenants have the necessary resources to conduct their business in the leased premises. Unfortunately, interruptions in utility service can and do occur for a variety of reasons, causing...