Negotiating a Landlord Warranty in a Commercial Lease
When entering into a commercial lease, one of the key considerations for a tenant is the condition of the leased premises. In most cases, the tenant takes the premises in its "as-is" condition upon delivery, meaning that defects or issues with the space may become the...
Estoppel Provisions in Commercial Real Estate Leases
Commercial leases generally provide landlords the right to request an estoppel certificate from a tenant at certain times or under certain circumstances. An estoppel certificate is a signed statement by a tenant that certifies the accuracy of certain facts about...
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...
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...
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...
When to Hire a Commercial Real Estate Attorney
Navigating the complexities of commercial real estate transactions can be a daunting task. Whether you are buying, selling, leasing, raising capital, negotiating loans, or resolving disputes, having a knowledgeable commercial real estate attorney on your side can be...
Making Estoppel Provisions More Effective for Commercial Landlords
The timely provision of estoppel certificates, SNDAs and other items requested from a tenant, especially in connection with the potential sale or refinancing of a property is a critical issue for commercial landlords. Unfortunately, landlords often encounter delays as...