Landlord & Tenant
August 31, 2006
Recent rulings of importance to you and your practice.
Is the Statute of Frauds Still Absolute?
August 31, 2006
If Cervantes were to say today, 'An honest man's word is as good as his bond' (Don Quixote, Book IV, Ch. 34), both knowledgeable real estate professionals and their counsel would probably respond, 'except for real property transactions.' While in many areas of the law, unwritten agreements are more readily enforced, it remains accepted as axiomatic that under the principles of the statute of frauds, only a 'writing' will create obligations in connection with real property interests.
The Leasing Hotline
August 30, 2006
Highlights of the latest commercial leasing cases from around the country.
Opportunities for Landlord Abound When Tenant Exercises Renewal Option
August 30, 2006
When a tenant exercises an option to renew its lease, the landlord's usual inclination is to save time and effort by treating the tenant's notice letter as sufficient to accomplish the renewal. This inclination should be strongly resisted ' not only because such a notice may be inadequate, but also because the landlord may be missing out on an opportunity to update the original lease and often improve upon the existing documentation. This is especially true where the renewal is at 'market,' which offers the landlord the possibility to argue that certain changes are necessary to conform to market conditions.
Drafting a More Effective Default Clause
August 30, 2006
Attorneys are making too much money litigating disputes between commercial landlords and tenants. Even the most frequently used 'standard form' leases permit tenants to stall and strangle property owners. Moreover, these same leases leave tenants without proper recourse when property owners fail to follow written commitments. Instead of blaming the judicial system, a judge, a landlord, or tenant ' to paraphrase Shakespeare ' it is time that we practitioners recognize that the fault is not in our stars but in our leases. Because they are the enforcement provision in a commercial lease, default clauses must be revised and developed to better meet the needs of landlords and tenants under the judicial system.
Landlord & Tenant
August 15, 2006
Recent cases of importance to you and your practice.
News Briefs
July 31, 2006
Highlights of the latest franchising news from around the country.
The Leasing Hotline
July 31, 2006
Highlights of the latest commercial leasing cases from around the country.
