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Prior Documents May Affect a New Lease

By Mark Morfopoulos

Always check to make sure prior documents signed by your client do not affect the new lease you are about to finalize. An attorney should never assume his/her client is aware of all the provisions that are contained in contracts the client has previously executed (even if the agreement was signed that same day). An attorney who fails to heed this warning, and allows his/her client to sign a lease without knowing the answers to certain key questions, may be unintentionally ignoring restrictions or prohibitions contained in these prior agreements and expose his/her client to unnecessary litigation by parties seeking to enforce such contracts.

In order to protect one's client, a lawyer should always know the answers to the following:

  • Are there other documents that require the consent of third parties to the subject leasing transaction?
  • Are there other documents that limit or prohibit the landlord from inserting certain provisions in a new lease? and
  • Are there other documents that require the inclusion of certain provisions in any new lease that affects the subject property?

Do not assume that if you find one document that affects the subject lease, there are no other agreements that could also restrict or even prohibit the leasing transaction. There could be multiple prior agreements that relate to that lease.

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