Techniques for renegotiating or terminating a lease

Article Abstract:

Commercial tenants unable to directly renegotiate lower rents under their lease can do several things to either accelerate their lease term without penalty or to indirectly force a landlord to agree to a lower rent for the duration of the lease. The simplest way for tenants to discharge their duties completely or continue their occupancy at reduced rents is if the landlord has breached any express or implied covenants or if the rental property has been partially condemned. Obvious relief is found if the lease allows assignment or premature termination. Commercial frustration may also relieve financially troubled tenants.

Methods, Remedies, Landlord and tenant, Landlord-tenant relations, Rents (Property), Discharge of contracts

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Avoiding the risks: subrogation, indemnification, and exculpation in the context of commercial leases

Article Abstract:

Commercial leases agreements often include subrogation, indemnification and exculpation provisions. These provisions merit careful consideration due to their importance in limiting liability from accidents that occur on the leased property. Subrogation allows one creditor to take the place of another. Indemnification requires one party to the lease to pay the other party when liable to a third party. Exculpation transfers liability from landlord to tenant. Lawyers should be prepared to advise clients on how state law affects these three provisions.

Subrogation, Indemnity against liability, Liability indemnity

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Playing the leasing numbers game: a tenant's analysis of rent, escalation, and operating expense provisions

Article Abstract:

Tenants who plan to lease real estate should be aware of how the quantitative aspects of such transactions can affect costs. This advice holds even for tenants leasing no more than 5,000 square feet. Base rent, escalations and operating expenses are the chief factors affecting leases. Many leases include a gross-up clause which requires operating expenses to be based on a 95 to 100% occupancy rate. Lawyers should be prepared to help their clients to understand these and other details of leases.

Leases

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