Force majeure doctrine is something that often appears on commercial real estate leases, but tenants and landlords may quickly disregard it — it's not something we have to lean on typically, and the topic doesn't come up very often. Force majeure clauses in commercial leases are called upon in extraordinary times, when circumstances beyond our control arise and wreak havoc on our ability to follow through on contractual obligations. As tenants and landlords alike begin to eye our current reality and post-COVI... read more

Personal guarantees are common in the construction industry, especially among smaller businesses that need to provide and extra level of protection to companies extending credit to them. In the event that the business defaults on a debt, the guarantor — typically the owner of the business or whoever signed for the credit — would satisfy the debt with their personal assets. For many smaller business owners, it offers an opportunity to tap capital you might not otherwise have access to, and as a result gr... read more

When buying a commercial property, it’s important to know the best way to bring that property into compliance with local zoning ordinances. But how can you know which application you should make? There are so many options, each with its own set of particular considerations, and there’s a lot riding on the decision. After all, you want to be able to use the property in the way you intend. So which application is right for you: conditional use permit (CUP), rezoning or maybe a variance? Let’s examin... read more

When you’re ready to lease commercial space, and you find exactly what you’ve wished for, you may want to hurry to sign on the dotted line. But not so fast! Before you get out the pen, you’ll want to carefully consider the length of the lease term. After all, signing a lease is a major commitment, so you want to make sure your interests are protected. Get locked into a lengthy lease term, and you could be stuck in a space that doesn’t grow to meet your business needs. Too short, and you may ... read more

As a landlord, knowing whether or when to raise rents for your tenants can be confounding. You want to remain competitive and retain good tenants. Chances are, you also would like to maximize ROI and perhaps reduce turnover (which, frankly, eats up a lot of valuable time). With so many seemingly opposing objectives, it can seem challenging to determine what steps to take when it’s time to renegotiate a tenant’s lease. It’s time to take a step back, and get the full picture of your property rental ... read more