California Retail Leases Line by Line
California Retail Leases Line by Line is an in-depth guide to retail leasing, offering practical and understandable guidance on topics common to commercial leases of all types, as well as those uniquely relevant to retail leasing. Based on the experience gained from representing hundreds of landlords and tenants large and small, and over thirty years of litigating disputes often arising from poorly written documents, this book provides practical suggestions, drafting tips, and negotiating strategies for both landlord and tenant. The author explains rental structures and expense pass-throughs; CPI and fair market rent adjustments; options; allocation of costs of new laws and capital improvements; strategies to protect a tenant through growth, change, and exit; legal impact of name and management changes; subordination, non-disturbance and attornment, and the impact of foreclosure on the lease; maintenance responsibilities; and rights and remedies in the event of default. Issues specific to retail leasing include percentage rent, operating covenants, go-dark restrictions, kick-out clauses, radius and exclusive use restrictions and co-tenancy requirements.
This book also uncovers the often-overlooked provisions that have a substantial economic impact on the parties, including such provisions as gross-up, variable cost pools, and administrative fees. Both the experienced practitioner and the new lawyer alike will find advice and insight that will give them a distinct advantage in the negotiation and drafting of a retail lease.
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