Simplify the management of your office, industrial, and retail properties by automating complex lease calculations,
including lease clauses, breakpoints, offsets, estimated payments, and recoveries.
Not exact matches
Some
leases also
include buy - out
clauses that enable you to break the
lease early as long as you pay a penalty (two months» rent, for example).
However,
included in the 30 - year
lease is the following
clause: «No groups in direct competition with the District are authorized to use the facility.
The
lease should also
include a non-negotiable hold - harmless, or indemnity,
clause that shields the landlord from any damage to or injury incurred on the property.
If you plan to do this,
include a
clause in the
lease stipulating that tenants must purchase tenants» insurance (also known as contents insurance).
To avoid unpleasant surprises, ask your relative to
include in the
lease a
clause about whether or when the property might go up for sale.
My valuation
includes discounts made due to severance package (s), Merger Cancellation
Clause, A presumed 2 year
lease obligation, and $ 33.2 Million in Cash as well as hard assets appraised by Value Investors for Change.
This can
include anything from the
lease term, termination
clauses, or how much upkeep you are expected to take care of as the lessee.
After some judicial disagreement, it appears now to be settled that the fact a
lease includes a break
clause does not prevent it from being a
lease for a term of years certain within the meaning of these sections.
The term can be defined to be, for example, five years, and if it is thought desirable to ensure that if the tenant holds over they will do so on the same terms as the
lease, a separate
clause can be
included to that effect.
Critical to the decision of the Court of Appeal was the wording of cl 1 of the
lease which set out the term granted in the following way: «from and
including 1 January 2003 to 28 September 2004 (hereinafter called «the term» which expression shall
include any period of holding over or extension of it whether by statute or at common law or by agreement)...» Rimmer LJ, who gave the only substantive judgment in the case, referred to the words in brackets in this
clause as «the words of extension».
He leads a team with a broad range of experience across the full scope of property disputes
including adverse possession claims, squatter evictions, compulsory purchase, easements, wayleaves and other third party rights, dilapidations claims,
lease renewal litigation, the operation of break
clauses, possession claims and housing law litigation.
Recent highlights
include handling a right of access dispute between two farmers; representing trustees of the Westoby Pension Fund in a construction dispute, which involves a dilapidations claim and structural engineering issues; and acting for a food company, as the commercial landlord, in a dispute regarding a
lease break
clause.
Recent highlights
include advising an airport on its strategy for managing land compensation claims; representing a pharmaceutical company in a dispute over the exercise of a commercial
lease break
clause relating to an office premises; and assisting a plc client with its strategy for dealing with compensation claims from residential property owners.
Jennifer regularly advises landlords and tenants,
including individuals, corporate and public bodies on a broad range of subjects
including dilapidation claims, forfeiture, possession proceedings (
including squatter eviction), easements, opposed and unopposed
lease renewals, operation of break
clauses, rent reviews and other forms of landlord and tenant disputes.
Plaintiff offered an expert declaration by a real estate broker to the effect that residential
leases at the time and place where plaintiff
leased her apartment customarily
included fee
clauses.
I've also seen no pet
clauses in American
leases that says tenants must not permit animals inside or around the house,
including insects.
Many
lease agreements
include a
clause in which the tenant agrees to purchase a renters insurance policy.
Additionally, some
leasing contracts
include a «forced place»
clause that allows the
leasing company to select and charge for an insurance policy on behalf of the lessor if they don't provide proof of insurance within a specified window of time.
If you've lived in the same place and signed a
lease renewal, it probably
includes a
clause requiring renters insurance and laying out what happens if you don't have it.
Many Agreements of Purchase and Sale will
include a largely standard «no assignment»
clause, which disentitles the original buyer from «directly or indirectly» taking any steps to «
lease, list for sale, advertise for sale, assign, convey, sell, transfer or otherwise dispose of» the property or any interest in it.
The
lease was located in a shopping centre and as a protective
clause,
included exclusivity to this tenant so that no other tenant would be authorized to sell, exchange and purchase new and used videogames in the centre.
I since found that becoming very specific
include a break
lease clause has saved me so much heartache.
His / her
lease will
include an optional termination on sale
clause.
This would encourage landlords to draw up written agreements if they want to be sure of
including their own
clauses, but not tie up court time enforcing an unnecessary criminal law should they be negligent in drafting the
lease.
This
includes the parties to the agreement, premises description,
lease term, rental, escalation rate, usage
clause and the residence of the parties.
Here is a
clause to assist you in making sure the seller does not remove anything that the buyer is expecting to receive on closing: «The seller represents and warrants that all existing flooring and floor coverings, drapery tracks, ceiling fans and fixtures, built - in appliances, bathroom mirror (s), heating - ventilating - air conditioning equipment, central vac and accessories and all other items secured by means of nails, screws, plumbing, wiring, ducting and related accessories that are now on the property are to be
included in the purchase price except items which are
leased or rented and those specifically listed herein and all shall be in working order and free from all liens and encumbrances on completion.»
Banks or other lenders typically demand that landlords
include a subordination
clause in their
leases.
Our
lease includes a waiver of the 30 day notice
clause that is standard procedure in the State of Tennessee, so if / when a tenant defaults they can be evicted immediately.
Another is the
include a repair deductible
clause in the
lease.
Those economic data should bode well for commercial real estate, which is often viewed as a hedge against inflation due to the fact that
leases include escalation
clauses that often mimic changes in the Consumer Price Index.
9 Money - Saving Remodel Tips for the DIY Landlord You can take advantage of these Law Depot tips to be proactive with renovations, such as
including a renovation
clause in your
lease agreement, making better choices about flooring and bathroom fixtures, and going green.
Read chapter three of our Complete Guide to Rental
Leases for more on important rental
lease clauses,
including the buy - out
clause.
The formula for calculating the Net Operating Income of a property is the following: NOI = Effective Gross Income — Operating Expenses + Recoveries (4) Notice that typically commercial
leases include clauses through which a significant portion of operating expenses is recovered from the tenants.
For the most part the rental rate is determined by the amount of space available, the term remaining on the head lessee's
lease, its location, configuration, amenities
included, renewal and / or carryover
clauses and options, and the financial situation of both parties.
We also added a few pre-built
lease clauses that you can elect to add to your
lease that many of our landlords have been asking for,
including: