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 »

Seattle Imposes New Caps on Move-in Fees

Effective January 15, 2017, Seattle residential landlords must comply with a host of new rules relating to the move-in fees they charge to tenants. This is the latest of several measures implemented under the recommendation of the Seattle Housing Affordability and Livability Agenda (“HALA”) Advisory Committee to make housing more affordable and inclusive. New rules include: Landlords are prohibited from … Continue reading »

New Seattle Housing Ordinance: “First-In-Time” Applicant Policy – Update

The Seattle City Council has passed a new housing ordinance, which requires residential landlords to screen rental applications in chronological order and award the lease to the first eligible applicant. Failure to abide by the “first-in-time” policy can be deemed an “Unfair Housing Practice” for which offending landlords would be liable. This ordinance went into effect January 1, 2017. The “first-in-time” requirement … Continue reading »

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Proper Due Diligence is Critical When Purchasing Real Estate

When purchasing improved or unimproved real estate, whether residential, commercial, industrial or mixed-use, performing proper due diligence is of critical importance to insure that the purchaser is truly getting the benefit of the bargain.  Ideally, the diligence process begins by building into the purchase contract, among other things: (1) a due diligence/inspection period of sufficient length within which the purchaser … Continue reading »

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