Neither you nor the landlord can terminate the lease early unless there is a permitted reason
under the lease terms or under local, state, or federal law.
The main tax advantage of a valid sale - leaseback is that rental payments
under the lease are fully deductible.
Rental payments
under the lease can not be adjusted without the consent of the buyer, which means that the seller is tied to the interest rate implicit in the leaseback for the full lease term.
Emergency is defined as: Anything relating to the property
under the lease that is threatening to life, health or the integrity of the property.
If your lease required truth in answering the questions, failure to enforce such a provision could cause you to have waived a number of other rights and obligations
under the lease, as well as open you up to liability.
The most basic form of nondisturbance and attornment agreement assures the tenant that the mortgage holder will not disturb the tenant's possession as long as the tenant is not in default
under its lease and the tenant agrees to recognize and treat the lender (or other owner after a foreclosure sale) as landlord, i.e. «attorn.»
Inquiring as to whether the tenant has the financial capacity to meet its financial obligations
under the lease is also imperative.
Currently 90 percent occupied, the property is currently
under lease negotiations for its remaining space, which will bring it to full occupancy.
In the current economic climate, it is likely that landlords will encounter greater challenges in ensuring that tenants» obligations
under their lease agreements are fulfilled.
The cost savings are coming from a decrease in the amount of office space
under lease or ownership.
I guess the same question could be applied to taking over a house that has an open unit and a current tenant, at will or
under lease.
In that event, the original lessor will remain liable for all obligations
under the lease.
It's been over 3 years and both units haven't gone a day without being
under lease.
Jenner has about 340,000 square feet
under a lease that runs until 2010.
Building features include; BTS for high - end body shop, two - story office, evap cooled shop with paint booths, large land parcel, fenced lot, Tenant
under lease is a wholly owned Subsidiary of the Boyd Group.
Kaplon - Belo Assoc. v. Farrelly (221 A.D. 2d 321)- summary judgment granting broker's commission affirmed; broker entitled to commission when procures tenant ready, willing and able to lease on terms acceptable to lessor; lessor's execution of lease with procured tenant entitles broker to commission notwithstanding tenant's default
under lease shortly after its execution; agent for an undisclosed or unidentified principal is individually liable on contract signed by agent without disclosing his agency
Under the lease plan, Realtors can sponsor the Grobo and provide it for free to clients with prescriptions for medical cannabis.
However, the indemnifier in this scenario may be unable to fulfill the obligations
under the lease (pay rent!).
Especially one that starts with the judge proclaiming, «The parties have been engaged in a hotly contested dispute over the question of Additional Rent to be paid
under a lease» (C.C. Tatham & Associates Ltd. v. 2057870 Ontario Ltd, [2012] O.J. No. 5557).
For example, if a tenant agrees to use low - VOC paints and sustainable materials, how would the landlord verify that materials met these criteria and what are the consequences
under the lease if they don't?
A Louisiana court has ruled that a brokerage is entitled to a commission
under a lease agreement even when the leased property is destroyed by fire.
The purchase price represents a 6.8 % capitalization rate on cash rent
under a lease between the University of Kentucky and Ventas.
The lease should also require the tenant to copy the landlord on any notices it sends to or receives from the franchisor, and to avoid performing any act under the franchise agreement that would limit the tenant's ability to perform
under the lease.
Under H.R. 3500, introduced by Rep. E. Clay Shaw Jr., R - Fla., construction costs of such improvements to commercial real estate holdings would be closely matched to the income the improvements generate
under a lease.
On the bright side, relatively strong job growth bodes well for the property type; as new hires soak up excess space currently
under lease, firms will begin to expand their footprints at a faster rate.
Knotel, founded almost two years ago, expects to have about 1 million square feet
under lease at the end of 2017, which would make it the third - largest provider of temporary offices in the city, behind WeWork and Regus Plc, the world's biggest flexible - office company.
If a tenant successfully negotiates for the right to «go dark,» the landlord will insist the tenant nevertheless be obligated to fulfill all of its monetary obligations
under the lease.
It was held that all these rights could co-exist and the right of first refusal of the remaining wife was valid and had not been swept aside by the purchaser's options
under the lease they entered into.
When Trustee leases land Minister must be satisfied it is consistent with purpose of Reserve and approves all improvements
under the lease: s. 59
It is useful then to consider what these systems allow the owners of land (the lessors) and the users of land
under a lease (the lessees) to do.
On the other hand the native title right to burn off the land was probably inconsistent with the rights
under the lease and would be extinguished rather than suspended for the duration of the inconsistency.
-- all buildings, structures, fixtures, fittings, plant and equipment, signs and other items which are on or under the land
under lease; and
forfeit the lease establishing the town camp, resume the land
under lease, and reserve the resumed land for a wide range of purposes; and
However where the leaseholder, in the exercise of rights
under the lease, conducted activities that were inconsistent with the native title rights, such as the erection of a shed or fence, the doing of these activities would prevail over the native title rights.
The federal government also has the power to, at any time prior to the end of the lease, remove or demolish certain improvements48 it may have made to the land
under lease and certain utilities and services it may have installed.
There are also rules in relation to when the consent of the Minister is required for a grant of an interest
under a lease.
In relation to the primary production upgrade provisions, the inconsistency is between the exercise of native title rights and the carrying out of a range of activities that the leaseholder may wish to pursue, in addition to the rights granted
under the lease.
You might even be contractually required to carry a certain amount of Aliso Viejo renters insurance at all times
under your lease agreement.
That's because residents like to know what happens if they don't perform an obligation
under the lease, and landlords like to know what their options and procedures are in a specific set of circumstances.
First, it acts as an automatic screen against people who present well but don't want a landlord who enforces his rights
under the lease.
If this property is damaged or destroyed, the business may be obligated
under a lease or other agreement to repair or replace it.
You are responsible
under the lease for any loss or damage the machines sustain during the term of the lease.
The key issue was when 490 was required to start paying rent
under the lease.
Accordingly, when the tenant failed to pay rent, the landlord provided notice of immediate termination of the side letter, leaving the rent to be determined
under the lease (at open market rent) as if the side letter had never existed.
The only rent that may be recovered by the use of CRAR is the amount attributable
under the lease to «possession and use» of the premises, together with interest and VAT.
The court ruled that the tenant had no express right to a refund
under the lease but indicated that it would be prepared to imply a term if the wording of the lease supported such an interpretation.
(c) This section does not affect the contractual right of a landlord that is a governmental entity created under Subchapter D, Chapter 22, Transportation Code, whose constituent municipalities are populous home - rule municipalities to assess charges
under a lease to fully compensate the governmental entity for the governmental entity's operating costs.
Where a tenant intends to exercise a break right, it should only apportion rent or other payments if it has a clear, express right to do so
under the lease.
The Court of Appeal has held that the parties intended that the wording of the arbitral statute from time to time in force would apply to any arbitration
under the lease.