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The complications that can and do arise in the field of commercial leasing come in all shapes and sizes, and not all can be anticipated. However, with careful planning, and if the stars align, lease terms sometimes cover even an abnormal future event, preserving the agreement that the parties undoubtedly contemplated at signing
The complications that can and do arise in the field of commercial leasing come in all shapes and sizes, and not all can be anticipated. The best-written lease can fall short when an unusual situation arises. However, with careful planning, and if the stars align, lease terms sometimes cover even an abnormal future event, preserving the agreement that the parties undoubtedly contemplated at signing. Such was the case in Wilmington Trust Co. v. AEP Generating Co., 2017 U.S. App. LEXIS 6426, *; 2017 FED App. 0084P (6th Cir. 4/14/17), in which the U.S. Court of Appeals for the Sixth Circuit reversed a lower court ruling to prevent the lessee from passing off unanticipated expenses to the owners.
*May exclude premium content
By Peter E. Fisch and Mitchell L. Berg
The purpose behind rent reset clauses is simple — to capture any change in the fair market value (and fair market rental value) of the leased property. However, the application of rent reset clauses in practice is anything but simple, and the consequences of such clauses can be significant.
By Jeffrey B. Steiner and Scott A Weinberg
Federal programs have made insurance more readily accessible to protect real property in the event of a flood or an act of terrorism. These programs enable flood and terrorism insurance to be widely available at realistic price points by ensuring that the amount of the premiums payable for such insurance remain at a level that a borrower can afford, which in turn preserves the underwritten economics of the loan transaction.
By Steven M. Silverberg
A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness.
By Carmen Contreras-Martinez
Because bankruptcy can add significant expenses and increase the time it takes to remove a delinquent tenant, landlords should not allow tenants to fall far behind on rental payments. Here are some tips on how to address the issues raised by a bankrupt tenant.