Opportunities for Landlord Abound When Tenant Exercises Renewal Option

A common problem is that the parties to the original lease have changed, and the changes have not been adequately addressed in the past. Therefore, the first item the amendment should address is the route the lease has taken to end up with the parties who are signing the amendment. Often, there have been assignments, mergers, or name changes, and the parties to the original lease are not the parties who need to sign the renewal documents. The amendment should trace the chain of transfers and explain how the parties ended up being who they are. This presents an opportunity for the landlord to require formal documentation from the tenant to justify internal transfers and to verify that the party now in possession has the financing wherewithal to support the lease. Often, the landlord will conclude that the current party in possession needs to come up with an additional security deposit or a guaranty to the lease. The landlord should have any existing guarantor reaffirm that the guaranty remains in full force and effect through the extension period and that the guarantor consents to and acknowledges all of the terms and conditions of the amendment.

In addition to establishing the length of the term and the rental amounts, which may have been established in the original lease, the landlord should carefully review the original lease and require that the tenant confirm or acknowledge that certain events have already occurred or are no longer necessary. Have the landlord's construction obligations been satisfied? Has any allowance been paid? Have all of the tenant's due diligence contingencies been met? If so, the amendment should acknowledge that these provisions have been satisfied and are no longer part of the lease.