Commercial Landlord’s 3 Options when Tenant Defaults
What are the commercial landlord’s options if a tenant defaults under the commercial lease? Legally speaking, there are three known options: (1) The landlord can treat the lease as terminated […]
Author: David Adelstein
How does YOUR Commercial Lease Treat a Force Majeure (e.g., Hurricane) Event?
Now is the time to look at the force majeure provision in your commercial lease. When dealing with a force majeure event, such as Hurricane Irma by way of example, […]
Standing is Important even in Commercial Landlord-Tenant Disputes
Standing is important in ALL lawsuits. It is important in lawsuits between a commercial landlord and tenant, particularly if the landlord is seeking to evict the tenant and obtain possession […]
Benefit of Gross Lease or Full Service Lease
Recently, I spoke with someone that was hesitant in entering into a gross commercial lease, which is also commonly referred to as a full service lease. I asked the following […]
Consult! Consult! Consult!
Signing a commercial lease is a big deal. At least, I think it is. The commercial lease pertains to your business. How rent is calculated is important. How the landlord’s […]
What Happens if a Lease Option or Renewed Lease is Never Formalized?
Sometimes, just sometimes, a commercial tenant prevails in a dispute against a landlord. Sometimes, this occurs because a renewed lease or a lease option is never formalized in writing. In […]
Does Your Commercial Lease Contain an Attorney’s Fees Provision?
Does your lease contain a prevailing party attorney’s fees provision in the event of any dispute arising out of or relating to the commercial lease? Most likely it does. Prevailing […]
Was the Breach of the Commercial Lease Material or Technical?
Is the breach a material breach or merely a technical breach? What is the difference you ask? The difference is huge. A material breach goes to the essence of the […]
Dealing with Casualties in Commercial Lease
How does a commercial lease deal with a casualty? What happens when the leased premises suffers a casualty? These are questions that should be covered by the commercial lease. Both […]
Difference between Sublease and Assignment of Lease
What is the difference between a sublease and an assignment of a commercial lease? If a lessee transfers its entire interest or part of its leased property for the unexpired term […]