Landlord Disputes

SUBJECT AREA - LEASING VARIABLES

Landlord Disputes

No one wants problems and Landlords and Tenants are no different.

But occasionally something will happen that causes stress between the two parties. First of all, remain calm, gather your facts, and/or your paperwork that supports your position on the issue and schedule a time to talk to the other Party.

Most leases are properly drafted to address many anticipated issues. At these times, the items below may provide you with insight to help resolve the conflict.

The following list should be self-explanatory, but if you have any questions, please contact us.

Typically, it involves Construction Issues and / or CAM Issues.

Since construction issues normally occur in the beginning before you open I’ll address them first. Construction Issues:

1.       If your lease is not executed yet, and the landlord does not concede to these issues, are you prepared to walk away from this location?

2.       Was the landlord work clearly defined in the lease?

3.       Did you compare what work was done, to the work that was required to be completed prior to accepting turnover?

4.       Did you receive a formal notice of turnover?

5.       Does your lease state that the landlord must maintain the premises to be structurally sound, watertight and hazardous material free, (i.e. asbestos)?

6.       Did your lease provide you with any warranties? (HVAC, electrical, plumbing, etc.?)

CAM Disputes:

1.       Has the landlord provided a CAM reconciliation statement?

2.       Does your lease have a cap on controllable expenses?

3.       Does your lease list expenses that can be included in CAM?

4.       Did landlord provide backup invoices to support increases.

5.       Do you have a copy of your lease and any amendments that were executed to date?

6.       Has the square footage of your space and the shopping center been confirmed to ensure the correct prorata share percentages are being used in the calculation?