Discussion of a case in which a trial court sided with the property owner/defendant where the tenant sought to terminate the lease early, but could not because it was not in compliance with one of the requirements for early termination.
The recent decision in Sears Roebuck & Co. and Kmart Corp. v. W/S Lebanon LLC seems timely in light of the fact that commercial landlords, tenants and their insurance providers are grappling with the problems caused by the extreme wind and rain of hurricanes. Here's what happened in that case.
You are Done, Right?
After a lease is fully executed, many attorneys may be tempted to think that their role in the leasing "process" is over. However, depending on the capabilities of your client to understand and administer the terms of the lease, not paying attention to "post-lease" signing details may be a perilous proposition.
A Tenant's Perspective
As traditional department stores and so-called "anchor" tenants in enclosed regional malls are closing stores and limiting their expansion in the marketplace, landlords are seeking alternatives to the traditional department store or anchor store to occupy space in their shopping centers.
A look at a case involving retention of tenant's check in a lockbox.
Balancing Creative Uses withCo-Tenancy ProvisionsPart Three of aFive-Part Series
The volume of store closings is challenging shopping center owners to evolve. Shopping center owners have responded by finding creative uses for vacant spaces and ways to enhance the customer experience.
Over the past several years, rent-stabilized tenants have turned to Airbnb and similar services to monetize their below-market leases and earn extra income. Landlords seeking to evict such tenants for profiteering have been largely successful. This article examines the state of "Airbnb" jurisprudence to date.
This article shares an actual recent dispute in which a landlord claimed there was a mutual mistake in the material terms of a right of first refusal after the proper exercise of such right and acceptance of such material terms by its tenant.
