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11 votes
Accepted

Can a contract be backdated to cover a previous gap?

It depends on what you mean by backdated. If you mean that the terms of the contract provide that they apply to a period which pre-dates the date on which the contract was entered into then this is ...
JBentley's user avatar
  • 8,330
7 votes

Are Landlord's exclusion clauses of "any loss of life or loss, injury or damage to person or property" too onerous on Tenant?

As someone who acts for both landlords and tenants I would say that I have never seen exclusions for personal injury or death in a commercial lease. I would recommend that you have the whole lease ...
Cat W's user avatar
  • 71
5 votes

Incomplete building rented on commercial lease

Short Answer Can an incomplete and unsafe building be rented to a tenant on a commercial lease if the building never received a certificate of occupancy? Yes. Unless your lease says otherwise. Your ...
ohwilleke's user avatar
  • 221k
4 votes
Accepted

Verbal Agreement vs Written Agreement

In general, the express terms of the lease signed supersede all prior negotiations of the parties, except to the extent that the particular language in question in the lease is ambiguous. This is ...
ohwilleke's user avatar
  • 221k
3 votes
Accepted

Rent office space and sleep there

Whether it is legal to sleep in office space is generally determined under local zoning ordinances and wouldn't be uniform across an entire state. This said, the vast majority of localities would ...
ohwilleke's user avatar
  • 221k
3 votes

Can a contract be backdated to cover a previous gap?

Is it fair? Not a legal question. Is it legal? Yes.
Dale M's user avatar
  • 213k
3 votes

Are Landlord's exclusion clauses of "any loss of life or loss, injury or damage to person or property" too onerous on Tenant?

You might want to try to determine if any of those waivers run contrary to public policy. Just because someone agrees to something in a contract does not mean what they've agreed to supersedes already ...
Michael Weiss's user avatar
3 votes

Are Landlord's exclusion clauses of "any loss of life or loss, injury or damage to person or property" too onerous on Tenant?

This is all pretty normal for a commercial lease In a commercial lease, the tenant is responsible for damage caused by the property to any third party unless caused by structural failure of the ...
Dale M's user avatar
  • 213k
3 votes
Accepted

In California, who owns buildings or soil left on a leased farm after abandonment?

Is the soil a fixture or a chattel? Fixtures revert to the landlord; chattels remain the property of the tenant with the landlord as bailee. Soil could be either - if it was brought onto the site ...
Dale M's user avatar
  • 213k
2 votes

Is a commercial landlord liable for damage due to roof leaks?

Generally speaking, keeping the roof in working order is the obligation of the landlord in a commercial modified gross lease. It would honestly be quite unusual for the tenant's insurance to cover it, ...
ohwilleke's user avatar
  • 221k
2 votes

If Landlord is suing a former Tenant, can the Landlord be prevented from leasing the premise out to a new Tenant?

Yes, it’s correct In normal circumstances, non-payment of rent would allow a commercial landlord to seek court orders evicting the tenant. This would end the lease and allow the landlord to install a ...
Dale M's user avatar
  • 213k
2 votes
Accepted

Legally, how does "prevail" differ from "will not be affected"?

If under current law the landlord has some claim to an exemption from tenant protection laws, using the word "prevail" might suggest that such exemption was being given up or canceled, while ...
David Siegel's user avatar
1 vote
Accepted

Commercial Landlord blocking tenant from painting the walls

I do a lot of land development work as a site design engineer. And a key component of a triple-net lease is that the tenant is essentially responsible for all costs associated with the property ...
Pyrotechnical's user avatar
1 vote

Are Landlord's exclusion clauses of "any loss of life or loss, injury or damage to person or property" too onerous on Tenant?

Are they too onerous? That is for a court to decide. We cannot advise you on that, and even if we could, you're still free to negotiate or decline the contract; you are not forced to sign it. It is ...
Matthew's user avatar
  • 3,772
1 vote

Interpretation of lease automatic renewal terms

The landlord's reading is more likely to be the correct one. The term shall automatically renew for an additional lease term of one year ... "An" refers to a singular instance and there is no ...
Dale M's user avatar
  • 213k
1 vote

The condition of leasehold improvements at the end of the lease

If you really wanted to dispute it, it would be up to a court. Normally, you look at whether there is "normal wear and tear" or damage. https://www.thebalancesmb.com/keep-a-tenants-security-deposit-...
Putvi's user avatar
  • 3,998
1 vote

Verbal Agreement vs Written Agreement

None If the tenant signed it then, at law, they agree to be bound by it. Verbal (or even other written) evidence that contradicts the written contract is irrelevant. The only exceptions are if the ...
Dale M's user avatar
  • 213k
1 vote

Ok to paint exterior trim of leased building?

No, you cannot do this without permission. Ask for permission, you will almost certainly get it.
Dale M's user avatar
  • 213k
1 vote

Can one rent office space to a partnership if landlord prohibits subleasing?

It isn't at all obvious to me why a true "sublease" which creates a legal property right in certain defined real estate in exchange for some amount of rent to the exclusion of occupancy by the primary ...
ohwilleke's user avatar
  • 221k

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