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In the Spotlight: Drafting Better Leases for the Commercial Tenant

By Adam Leitman Bailey and John M. Desiderio
May 30, 2007

Too many tenants' businesses have suffered severe financial consequences or lost leases as a result of poorly drafted provisions. Therefore, it is imperative that tenants negotiate better leases in order to protect their interests. The suggestions in this article provide proposed remedies for a few of the harshest lease provisions. Although market conditions always play a factor in providing negotiating leverage to a landlord or tenant, some of these proposals should survive scrutiny in any real estate market.

Requiring the Landlord to Mitigate Damages

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