Commercial Real Estate Leases: Preparation, Negotiation, and Forms

Front Cover
Aspen Publishers Online, 2011 - Business & Economics - 1522 pages

In the fast-changing world of commercial real estate, terms like and“fair rental value, and” and“net lease, and”or and“duty of good faithand”can mean many different things depending on the circumstances of the deal. So, when negotiating and drafting complex leasing agreements, itand’s imperative you know what these provisions can mean, have alternate provisions readily available, and know when and how to use them properly Commercial Real Estate Leases: Preparation, Negotiation, and Forms, Fifth Edition can make it easier.

Written by nationally recognized real estate attorney Mark Senn, this highly acclaimed guide:

  • Explains the legal principles behind each lease provision in clear, user-friendly terms.
  • Offers balanced discussion of the practical applications of the law from the landlord, tenant and the lender perspectives (where applicable).
  • Provides specific examples of alternate clauses that address each partyand’s precise needs.

Logically organized to follow the typical commercial real estate lease, each chapter takes you clause-by-clause through all of the issues you need to understand in order to represent clients effectively in commercial real estate transactions, including:

  • Rentand—fixed, market and percentage
  • Operating expenses
  • Options to expand, buy or extend
  • Space measurementand—and resulting economics
  • Subordination, non-disturbance and attornment agreements
  • Drafting exclusive provisions
  • Understanding insurance provisions
  • Tax provisions and federal income tax consequences
  • Use issues
  • Condemnation

Commercial Real Estate Leases: Preparation, Negotiation, and Forms, Fifth Edition includes a free companion CD-ROM containing all of the leasing forms discussed in the guide.

 

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Contents

Organization and Scope
2-1
Miscellaneous Provisions
2-3
COMPLIANCE WITH LAWS
2-4
Introductory Provisions
3-1
The Premises
4-1
The Term
5-1
Chapter 10
5-10
The Rent
5-123
Common Areas
18-1
Repairs and Maintenance
19-1
Chapter 9
19-11
Alterations
20-1
Terminate a Lease
20-3
Mechanics Liens
21-1
Surrender
22-1
Damage and Destruction
23-1

Operating Expenses
6-67
Part III
7-38
Taxes and Assessments
8-1
Utilities
9-1
Insurance
10-1
Chapter 11
11-1
Compliance With Laws
12-1
Part II
ii
Assignments and Subleases
13-1
Chapter 5
13-5
Signs
14-1
and Occupancy by Other Tenants
14-5
Rules and Regulations
15-1
Merchants Associations Promotion Funds
16-1
Chapter 3
16-3
Landlords Services
17-1
Condemnation
24-1
Chapter 4
24-4
Subordination
25-1
Landlords Access
25-43
Indemnification and Waiver
27-1
Security for Tenants Performance
27-25
Covenant of Quiet Enjoyment
29-1
Sale of
30-1
Default
31-1
Arbitration
32-1
Chapter 6
32-6
THE RENT
32-20
Miscellaneous Provisions
33-1
Table of Cases
TW-1
List of Forms
TW-63
Copyright

Common terms and phrases

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