News & Analysis as of

Contract Drafting Tenants

Bradley Arant Boult Cummings LLP

Who Pays For What? Strategically Drafting and Reviewing Operating Expenses and Common Area Maintenance Costs In Commercial Leases

Operating expenses (“OpEx”) and common area maintenance fees (“CAM”) are two important items in any commercial lease, but they are often overlooked after the decision is made on how to split up these fees. Typically,...more

Obermayer Rebmann Maxwell & Hippel LLP

Take Me Out To...Baseball Arbitration

​​​​​​​Since 1974, “baseball arbitration” has been used to resolve salary disputes between ballplayers and team owners. Its primary purpose is to determine the arbitrating player’s salary based upon specific criteria to...more

Farella Braun + Martel LLP

[Event] Cannabis Leasing: How to Protect Your Interests as Landlord or Tenant - October 23rd, San Francisco, CA

Real estate leasing to cannabis businesses requires more than a standard lease to ensure the relationship goes smoothly and that both parties get what they expect. There are a number of unique clauses to consider in drafting...more

Husch Blackwell LLP

10 Suggestions For Drafting Better Real Estate Documents

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While the primary focus in drafting real estate documents is to ensure that the substance of the document captures the intent of the parties, this should not be the drafter’s only focus. For example details often considered...more

Shutts & Bowen LLP

A Pricey Drafting Error in a Jewelry Store Lease

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Many of the topics we cover in this space ultimately come down to problems in drafting.  Of course, these drafting issues aren’t apparent when the parties execute the lease, contract, or other document....more

Womble Bond Dickinson

Let's Talk North Carolina Leases: The Name of the Game Is the Correct Name

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A lease is a contract. It is a contract in which the lessor (think, landlord or tenant/sublandlord) grants to another person or entity, called the lessee (think, tenant/sublandlord or subtenant), the right to possess and use...more

Bennett Jones LLP

What’s the Use? Use Clauses in Commercial Leasing

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Most retailers and landlords will have seen the recent announcement by Loblaws wherein they stated that they were going to start selling fresh food in certain Shoppers Drug Mart locations, the perfect example of the evolution...more

Snell & Wilmer

Frustration of Purpose: A Frustrating Doctrine

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Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more

Sands Anderson PC

Tenants Beware on Commercial Leases

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Commercial leases can be dozens of pages long. It’s easy to miss something critical — such as who’s responsible for HVAC repairs or what the tenant can or cannot do in the space. While there are many consumer protections...more

Carlton Fields

General Guidelines For Florida Landlords

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Below are some general guidelines and checklists that Florida landlords may want to consider when dealing with tenants, including pre-litigation tips and recommended lease provisions. ...more

Ballard Spahr LLP

Planning for Tenant's Changing Needs: Options To Renew, Expand, Cancel, or Reduce

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As a tenant's business changes, its needs and space requirements also change. If possible, a commercial tenant should anticipate the possibility of changing needs by negotiating certain beneficial options and rights into the...more

Bilzin Sumberg

Construction Concepts Tip #5: Developer Protection Against Tenant-Improvements

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Before Contracting to Lease Commercial Space, Be Sure to Protect the Property Against Potential Liens - As multiuse high-rises and commercial buildings are once again springing up in areas of Downtown, Brickell, and...more

Ballard Spahr LLP

Getting In: Preparation and Delivery of Leased Premises

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The condition of the premises upon delivery is often one of the most important parts of the lease negotiation. The lease provisions addressing this issue are often contained in an exhibit or schedule to the lease, or a...more

Troutman Pepper

Getting The Most Bang For Your Buck – Considering Usable vs. Rentable Square Footage

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In commercial leases the leased premises is usually defined in terms of rentable square feet. Tenants often focus their negotiations on the rental rate for those square feet....more

Troutman Pepper

Navigating Commercial Lease Assignment Provisions: Tenants Beware

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Landlords use lease assignment provisions to maintain control over the quality, composition, and financial capability of their tenants. However, assignment provisions can have a chilling effect on a corporate tenant’s...more

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