Can Lessor Demand Financial Statements From Lessee Under the AIR CRE Leases?

In light of COVID-19 closures, many Lessees are requesting rent relief from their Lessors, in the form of deferral or abatement.  Lessors are more curious than ever to understand the financial situation of Lessees.  Under the AIR CRE Leases, is Lessee required to provide financial statements upon Lessor’s demand? Short Answer: Yes, but only in [...]

By | 2020-04-02T18:42:47+00:00 March 28th, 2020|Landlord-Tenant|0 Comments

Does the “Force Majeure” Event of COVID-19 Excuse April 2020 Rent Payment Under AIR CRE Leases?

Publisher’s Note: We are experiencing difficult times in California with the Coronavirus. I hope all is well with you and your loved ones, and our best wishes in the recovery of any of your businesses that have been impacted. Many California businesses have temporarily closed as a result of COVID-19.  Does the closure of a [...]

By | 2020-04-02T18:43:20+00:00 March 24th, 2020|Landlord-Tenant|0 Comments

3 Tips To Evict Tenants Quickly

If the most frustrating event for an owner of commercial property is a tenant not paying rent, the second most frustrating event must be a delay in evicting that tenant. If the lease at issue is an AIR lease, here are three tips to facilitate a quick eviction: 1. Careful Preparation of the 3-day Notice: [...]

By | 2018-01-31T21:05:11+00:00 August 29th, 2016|Landlord-Tenant|0 Comments

Lessor’s Rights When Lessee Breaches the AIR Lease

If Lessee does not perform an obligation in the AIR Lease, Lessee typically has the right to cure its Default.  However, if it fails to cure on time (or if the Default cannot be cured), Lessor may terminate Lessee’s right to possession of the Premises and require Lessee to pay Lessor all of the following [...]

By | 2018-01-31T21:05:48+00:00 April 12th, 2016|Landlord-Tenant|0 Comments

AIR’s Inducement Recapture Provision: When Free Rent Is No Longer Free

Tenants love free rent.  But they would hate to pay it back. Under the AIR lease, if Lessee commits a Breach, it is required to immediately pay Lessor the value of any free rent or other inducement (TI allowance, etc.) it received (Paragraph 13.3). This type of provision is included in many custom leases as [...]

By | 2018-08-16T14:50:33+00:00 April 16th, 2015|Landlord-Tenant, Leasing|Comments Off on AIR’s Inducement Recapture Provision: When Free Rent Is No Longer Free