
Building Better Leases Series – Term: Delay in Possession
Delay in Possession refers to the rights and duties of the Parties if the leased property is not delivered to the Tenant on the Commencement Date of the lease. This term protects the Landlord from...

Building Better Leases Series – Term
There are lots of leases out there state the length of the lease by numbers of months, months 1-12, 13-24, etc, year 1, year 2, etc. The best case scenario is when the term of the lease and rental...

Building Better Leases Series – Term: Lessee Compliance
Many tenants put obtaining insurance low on the list of priorities when moving into a new building. The Lessee Compliance ensures that tenants are in fact covered by insurance. The Lessor can...

Building Better Leases Series – Severability, Limitation on Liability, Time of Essence, & Notices
Severability The Severability clause refers to a provision that describes the effect that an unenforceable part of a contract will have on an agreement. Generally speaking, Leases are regularly...

Building Better Leases Series – Disclosures Regarding the Nature of a Real Estate Agency Relationship
This section of the Lease refers to the relationship that the Lessor and Lessee have with the Brokers. As long as it does not contradict the affirmative duties described, an agent is not obligated...

Building Better Leases Series – No Right to Holdover
A holdover tenant refers to a renter who remains in a property after the expiration of the lease. If the Landlord continues to accept rent payments, the holdover tenant can continue to legally...

Building Better Leases Series – Covenants and Conditions & Binding Effect; Choice of Law
Covenants and Conditions; Construction of Agreement A Covenant refers to a promise or agreement to do something whereas a Condition is a contingency that must be met, otherwise a particular property...

Building Better Leases Series – Subordination; Attornment; Non-Disturbance
Subordination Subordination refers to the order of priority in the enforcement of rights. In other words, in this section, the pre-existing financing and/or modifications or extensions take...

Building Better Leases Series – Attorneys’ Fees
In the event of a lawsuit, the losing Party is required to reimburse the Prevailing Party for all attorney fees that are reasonable incurred. Regardless if it’s necessary or not to file a lawsuit,...

Building Better Leases Series – Lessor’s Access; Showing Premises; Repairs
If the Lessor needs to show the Premises to prospective buyers or tenants or needs to make repairs and improvements, then they must provide a reasonable notice before accessing the Premises. If...