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In the Spotlight: Unenforceable Lease Provisions

By Jack Garson
October 30, 2006

Leases keep getting longer and tougher. Unfortunately, sometimes the people drafting them outsmart themselves and include unenforceable provisions.

When I started out in the law business in the early 1980s, leases were 20 pages long, and the tenant's only significant obligation was to pay the rent. Yes, there were a few other provisions, but mostly the tenant had to pay the rent. Nowadays, the tenant is required to do thousands of things like give the landlord the license plate number of every car that parks at his or her store. Moreover, when the tenant has enough bargaining power to be in charge of drafting the lease, the tenant doesn't even have to pay the rent!

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