Rent Abatement Clauses: Tenants Should Speak Softly, But Draft a 'Club'

In commercial lease transactions, a tenant's desire and need to occupy a space and begin transacting business often takes precedence over a landlord's ability to complete all of the bargained-for physical alterations that it has promised. The issue of determining the diminished value of the premises prior to the completion of the landlord's work is customarily resolved through the negotiation of rent abatement provisions that quantify damages where delays in the landlord's construction would lead to a breach of contract.

22 minute read November 30, 2007 at 10:30 AM
By
Gary A. Goodman and Michael J. Boccio
Rent Abatement Clauses: Tenants Should Speak Softly, But Draft a 'Club'

In commercial lease transactions, a tenant's desire and need to occupy a space and begin transacting business often takes precedence over a landlord's ability to complete all of the bargained-for physical alterations that it has promised.

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