Category Archives: Landlord-Tenant

Top 10 provisions your litigator wants in your commercial lease

It’s bad enough having to call your real estate litigator. But it’s worse when he or she tells you that your lease is missing some critical provision that would help you in your current dispute. Here are ten things your litigator wants to see in your commercial lease. CONTINUE READING...

How to prevent a tenant from removing valuable equipment before they flee

Before a landlord files suit for eviction, it should first consider whether there is any equipment on the premises that could help attract a new tenant. A landlord may prevent a tenant from taking equipment from the premises by filing a distress writ. CONTINUE READING...

What happens when a tenant’s business becomes illegal during the lease term?

When the tenant’s business is made illegal during the term of the lease, the tenant’s business is likely to disappear altogether, leading to a likely default. What that means for the landlord and tenant may come down to drafting. CONTINUE READING...

Can I Get a Money Judgment If I Can’t Locate the Defendant or If He Resides Out of State?

Once you have filed your complaint seeking damages for breach of a lease or guaranty, you are required to serve the party from which you are seeking relief. But what happens when you are having difficulty serving the breaching party because they are either intentionally avoiding service or they have moved out of state? CONTINUE READING...

The sky is falling…does the tenant still have to pay rent?

It’s a common commercial landlord-tenant showdown – a tenant accuses its landlord of failing to make repairs and threatens to withhold rent. But can a tenant legally do that? CONTINUE READING...