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The Ground Floor

The Ground Floor

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How much is too much? NY AG stops Simon Property from enforcing its 60-mile radius restriction

Jeff Brown August 25, 2017

In shopping center leases, the landlord may agree to protect current tenants with exclusive use provisions, blocking future tenants from competing with the already existing businesses READ MORE

Commercial landlords: Time to tune up your indemnity provisions

Jeff Brown August 24, 2016
mechanic with wrench

The California Court of Appeal recently issued an opinion which reminds us to take another look at the “boilerplate” indemnity provisions in commercial leases. READ MORE

Appraisals for commercial lease extensions: A step-by-step guide

Jeff Brown May 3, 2016

We’ll go through the basic steps of an appraisal to determine rent, including when the appraisal process starts, how to pick an appraiser (or appraisers), and how a rent determination is actually made. READ MORE

Move it or lose it: Relocation provisions in commercial lease agreements

August 20, 2015

Not all tenants are created equal. Shopping center landlords can agree that having a high-end retailer on their roster often beats out the local mom-n-pop shop. But what is a landlord to do when that top retailer comes along after the lease with the local mom-n-pop shop is already inked? READ MORE

Would you like toppings on that lawsuit? Exclusive use provisions in retail leases

Jeff Brown July 23, 2015

To avoid future disputes, the parties should clearly and expressly designate those uses that the landlord cannot allow other tenants to undertake. General, broad descriptions can result in litigation later on, as can uses that are too narrow in their description. READ MORE