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The Real Estate Mindset Blog

MISCELLANEOUS CLAUSES - Understanding Commercial Leases - Part 17

Friday, November 23

This is Part 17 of a multi-part series on Understanding Commercial Leases.MISCELLANEOUS CLAUSESCONTINUOUS USE / GOING DARKThese clauses require Tenant to continue to operate their business or be in default of their lease.Large tenants are sometimes able to negotiate the right to “go dark”, meanin...

BANKRUPTCY RAMIFICATIONS - Understanding Commercial Leases - Part 16

Friday, November 23

This is Part 16 of a multi-part series on Understanding Commercial Leases.BANKRUPTCY RAMIFICATIONSAUTOMATIC STAY - When a tenant files for bankruptcy, the automatic stay provisions “kick in” and Landlord is prohibited from taking any action to evict the Tenant or collect past due rents.ACCEPTING ...

DEFAULTS / REMEDIES - Understanding Commercial Leases - Part 15

Friday, November 23

This is Part 15 of a multi-part series on Understanding Commercial Leases.DEFAULTS / REMEDIESDEFAULT - Failure of Landlord or Tenant to fulfill one or more obligations under the lease.MONETARY DEFAULTS - Defaults where Landlord or Tenant fails to pay money required under the lease.NON-MONETARY DE...

LEASING COMMISSIONS - Understanding Commercial Leases - Part 14

Friday, November 23

This is Part 14 of a multi-part series on Understanding Commercial Leases.LEASING COMMISSIONSPURPOSE - Compensates the Broker(s) for services in providing Tenant and sometimes for negotiation of lease.COMMISSIONS WRITTEN INTO LEASE - Provides more protection for Broker, as the obligation to pay t...

CASUALTIES & CONDEMNATIONS - Understanding Commercial Leases - Part 13

Friday, November 23

This is part 13 of a multi-part series on Understanding Commercial LeasesCASUALTIES & CONDEMNATIONSCASUALTY CLAUSESProvides mechanism wherein Landlord or Tenant can either rebuild / repair the premises depending on the amount of damage sustained or terminate the lease if there has been too mu...

GUARANTY AGREEMENTS - Understanding Commercial Leases - Part 12

Friday, November 23

This is part 12 of a multi-part series on Understanding Commercial LeasesGUARANTY AGREEMENTSPURPOSE - Landlord gets 1 or more third parties to accept responsibility for Tenant’s obligations under the lease in the event Tenant fails to pay.TYPICAL TYPESGuaranty agreements may be restricted to only...