Owners of non-residential commercial rental properties in California must disclose on every commercial lease whether the property has been determined to meet all applicable construction-related accessibility standards by a Certified Access Specialist (“CASp”) and must:
Provide a Copy of CASp Inspection Reports. If the property has been inspected by a CASp, landlords must provide a ...
Read More »
Electronic mail (or e-mail) has become an essential tool in the business and legal worlds. After 30 plus years of e-mail use, I have received and endured e-mail messages of all types. Some are formal and others are lax and almost un-readable. Recently, it occurred to me that maybe what is needed are some basic rules of etiquette for e-mail messaging. Below, I have listed 10 rules of e-mail etiquette I believe will help ensure your e-mail ...
Read More »
While estoppel certificates are common in commercial leasing and often treated as simple “form” documents, they can have significant consequences if their terms and provisions are not fully understood. A tenant who executes an estoppel certificate without fully reviewing and understanding it may give up the right to assert important defenses to potential landlord claims under the lease.
Most leases require the tenant to provide the landlord with an estoppel certificate upon request. Lenders and ...
Read More »
Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc., et al. (2015)
Ross Dress for Less leased space in a shopping center near Mervyn’s. The Ross lease contained a co-tenancy clause allowing Ross to terminate its lease if Mervyn’s closed and the landlord could not find a suitable replacement tenant within 12 months of Mervyn’s termination (during which time Ross would get full rent abatement). When the landlord failed to ...
Read More »
Income-producing real estate is only as valuable as the cash flows generated from leases. As a result, lenders review proposed leases with a cautious eye, focusing on these 10 issues:
1. Ambiguous Rent and Term Commencement Dates. If the rent and term commencement dates are tied to complex formulas or to contingencies that are not properly drafted, the lender may disapprove the lease.
2. Tenant’s Right to Offset Rents. Tenants should never have ...
Read More »
Lawyers are like doctors. They specialize in everything from criminal law to real estate to personal injury. If you need to engage an attorney you want to find a lawyer who specializes in law that concerns your matter not just someone a buddy refers you to. The lawyer who handles criminal matters only does not know about the issues that concern a real estate sale or lease. A good lawyer is like a partner who ...
Read More »
We have found corporations with the wrong number of authorized directors numerous times in our many years of practice. California, unlike other states, has some very precise rules and these frequently seem missed.
The Bylaws of many California corporations establish a minimum and maximum number of directors and permit the board to fix the exact number within that range. The Bylaws might provide for a minimum of 3 directors and a maximum of 7. Unfortunately, this is ...
Read More »
