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When a Retail Tenant Goes Dark – Part Two

This post follows up on a prior article addressing the myriad issues that can occur when a retail tenant abandons the premises before the expiration of the lease term: When A Retail Tenant Goes Dark – Part One. This is a growing concern for shopping mall owners and their property managers who are seeing brick and mortar tenants default at a higher … Continue reading »

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Unique Challenges Faced When “Crafting” a Commercial Lease for a Brewery

As craft breweries often merge retail and industrial leasing concepts, they face a unique set of legal issues when negotiating a commercial lease agreement for their production facility and/or tasting room. License/Permit Contingencies and Permitted Use Provisions are Critical First of all, it is critical that the lease agreement contain contingencies for receipt by the brewery of the necessary licenses, … Continue reading »

Understanding a Landlord’s Ability to Increase the Tenant’s Share of Operating Expenses

In a commercial lease setting, in addition to the monthly rental payment, the tenant is often obligated under the lease agreement to reimburse the landlord for the tenant’s “Pro Rata Share” of certain “Operating Expenses” (sometimes called Common Area Maintenance expenses or CAM), which share is commonly determined by comparing the rentable square footage of the tenant’s leased space to … Continue reading »

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Important Issues to Consider Before Entering into a Commercial Sublease

A properly structured sublease can be a prudent strategy in a commercial lease transaction. However, if poorly drafted, a sublease can unnecessarily expose all three parties (the landlord, tenant and subtenant) to unforeseen liabilities and risks. Continue reading »