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Understanding and Enforcing Force Majeure Clauses in Commercial Real Estate Leases During the COVID-19 Pandemic

If I cannot operate my business, am I liable for rent? If the government closed my tenant’s business, not me, why can’t I collect rent? These questions face thousands of commercial tenants and landlords during the COVID-19...more

Coronavirus Considerations For Property Owners, Developers And Managers

As the coronavirus progresses through the world and our respective communities, it presents both challenges and learning opportunities for commercial and industrial property developers and property managers. Here are five...more

‘Trust Me, You'll Love It': Caveat Emptor in Real Estate Transactions

Many people are familiar with the phrase “buyer beware,” or its Latin version, “caveat emptor.” In the sale of real estate, caveat emptor means that (absent contract language or terms to the contrary) a buyer purchases the...more

How to Avoid Unexpected Maintenance Expenses When Structuring a Commercial Lease

About to enter into a long term commercial lease? You may be subject to additional expenses beyond rent. Landlords often require that tenants accept certain repair and maintenance obligations during the term of the lease (a...more

4 Landlord Considerations When a Tenant Defaults

When a tenant defaults, landlords have a difficult choice: do they immediately repossess the tenant’s space, sometimes referred to as self-help, or do they wait until they are formally awarded the right to possession? It’s a...more

5/9/2016  /  Default , Landlords , Leases , Tenants

What Constitutes Acceptable "Wear And Tear" in a Commercial Lease?

Terminating a commercial lease? You’re likely to encounter the question of whether the surrendered premises are in the condition required pursuant to the lease terms. Commercial leases often require the rental premises to be...more

Indiana Supreme Court Greenlights Commercial Courts Pilot Project

In January 2016, the Indiana Supreme Court unanimously approved the creation of a three-year commercial court pilot project in the state of Indiana, with a goal of providing faster case resolutions, more predictable outcomes...more

The Thin Line Between Holdover and Renewal

Whether you are a commercial tenant or landlord, the issue of lease renewal versus lease extension can impact your business enormously. Recent Indiana cases have reaffirmed that understanding your leasehold obligations can...more

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