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In the Spotlight: Landlords and Tenants Mediate Conflicts

BY David Garcia
April 28, 2010

Financial security has become a two-way street. Prudent landlords have always scrutinized prospective tenants for financial security. But in recent years, it has become equally commonplace for tenants to scrutinize their landlords for financial security. Nevertheless, these are unusual economic times. The rise in loan delinquency rates has led to a wave of foreclosures.

Tenants looking for commercial space are seeking to avoid leases with landlords that leave them at risk of losing that space, or that put at risk landlords' ability to provide contracted services or complete promised improvements. Tenants recognizing that this may be impossible to accomplish in these volatile economic times may seek to protect themselves by negotiating appropriate lease provisions.

More at risk are tenants who are operating under lease provisions not negotiated in anticipation of unstable economic conditions. Some of those tenants are the beneficiaries of provident negotiations. Others are not, and related conflicts can often result in explosive litigation. Mediation offers an efficient and cost-effective means to resolve disputes between parties including tenants, landlords, successor landlords or purchasers at foreclosure sales.

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