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Healthcare Leasing Pitfalls for the Non-Healthcare Attorney

By Elizabeth A. Siemer
December 14, 2011

In these continuing uncertain and challenging economic times, many landlords are considering expanding their leasing to healthcare tenants, as stable tenants in a sector that is still experiencing steady growth in spite of the current economy. Healthcare entity landlords and their attorneys are generally aware of significant laws that affect the terms and structure of a lease with healthcare entities on both sides (e.g., the federal Stark law and federal Anti-Kickback Statute) as well as other provisions unique to healthcare leasing. They are also likely to seek advice from a healthcare attorney on the terms of their agreements. Non-healthcare entity landlords and their attorneys, however, should also be aware of certain common provisions in leases with healthcare tenants that could lead to substantial liability for landlords.

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