Tuesday, October 23, 2018

Leasing Nightmares: My Landlord Can’t Do That, Right?

Modern Restaurant Management
Whether the issue involves a landlord requesting a tenant to shut down its restaurant to perform maintenance and repairs during a busy holiday weekend, placing scaffolding and conducting construction work in a manner that inhibits pedestrian access and parking for months on end, replacing signage or awnings on the façade of the shopping center or constructing a new store blocking the visibility of the premises, clients approach us with the same question stated in numerous exasperated ways: My landlord can’t do that, right? Unfortunately, if you signed your landlord’s lease form without the assistance of a skilled attorney, the answer is almost certainly: Wrong. Almost any lease form provided by a landlord will provide extremely broad and unfettered authority to both change and/or renovate the shopping center and perform repairs and maintenance within and/or around the premises and shopping center.

To prevent or at least mitigate this Leasing Nightmare, it is important to negotiate provisions in the lease which provide adequate protections in the event of maintenance, repairs and renovations of the shopping center and premises.. . . more