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In the Spotlight: The Co-Tenancy Clause

By Seth A. Fersko
June 02, 2014

When purchasing a car from the local dealership, or a new outfit from, say, Ann Taylor, the often-stated legal maxim is caveat emptor, let the buyer beware. After Kleban v. Ann Taylor (USDC Connecticut, CV-01879), when a mall or shopping center landlord is marketing space and offers a potential retail tenant a co-tenancy provision, the most applicable legal maxim is caveat venditor, let the seller beware. Landlords can suffer great unintended consequences from a co-tenancy clause that is negotiated as an accommodation to get a tenant into the space and then explodes years later.

Co-Tenancy Clauses

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