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Alienation of Tenants' Rights: Factors to Consider to Make a Ground Lease Financeable

By Catherine L. Burns
October 29, 2007

To truly understand one's own position, it is best to walk a mile in another's shoes. This is the starting place to reveal the secrets to drafting a financeable ground lease. If the tenant can understand the leasehold mortgagee's concerns and how they integrate with the landlord's converging interests, the battle is already half won. This article suggests some tips to consider in the negotiation of the provisions of a ground lease that will be the center of attention for the leasehold mortgagee. These tips should help to smooth the way for the tenant's leasehold financing by an institutional mortgagee. By adopting an approach that acknowledges the reasonable concerns of a current or future lender, the tenant will be better positioned to avoid protracted negotiations and redrafting.

Term of Ground Lease

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