When a buyer purchases a property with existing leases, the buyer is purchasing the income stream represented by the leases, and is also assuming the landlord’s obligations under the leases. So it is critical that the buyer know what it is getting into in order to protect its investment in the income, and to ensure… Read More.

Tenants often need to finance furniture, fixtures and equipment (“FF&E”) that will be used at the premises. In order to do this, a tenant must grant its lender a first priority, perfected lien against the FF&E. A careful review of applicable commercial lease provisions is necessary to ensure that (i) tenant is not be prohibited… Read More.

If a profit can be made from assigning a lease or subletting the premises, who should keep the profits?The landlord owns the property and believes it is entitled to receive all income and profits earned from the property.  The tenant realizes that if market rents fall…Read More.

A cellular carrier’s lease form or the form of an independent cell site developer (both are referred to as a “carrier”) is prepared by and strongly biased in favor of the carrier. The desire of a landlord to earn easy income from a cell site lease should not cloud reason and the need to… Read More.

Landlords often require a personal or corporate lease guarantee, a separate document executed simultaneously with the lease, which makes the guarantor liable for the tenant’s defaults. The landlord and guarantor have conflicting interests regarding the desired scope of the guarantee… Read More.