Recent legislation has expanded opportunities for commercial landlords and tenants to negotiate deals to defer certain rent payments during the COVID-19 pandemic with less fear of later losing the arrearage payments as preferences if the tenant files for bankruptcy. These changes, enacted in the Consolidated Appropriations Act, 2021 (CAA), provide a safe harbor that can … Continue Reading
On Monday, the Seattle City Council passed Resolution 31940 calling on Governor Jay Inslee, federal legislators, and the Trump administration to impose an immediate moratorium on residential and commercial rent and mortgage payments. This resolution brings to boil an issue with which many commercial landlords (particularly of non-essential retail, restaurant, and office space) have grappled … Continue Reading
Many local commercial leases use the Portland-area consumer price index (“CPI”) to calculate periodic rent adjustments. That index was discontinued in 2018. For commercial landlords and tenants whose leases rely on the now-discontinued Portland-area CPI, discussing how to handle rent adjustments now can prevent tension later.… Continue Reading
With Portland weathering one of its top-ten snowstorms of all time earlier this month, one question that landlords and prospective tenants alike are asking is how to plan for snow and ice storms in their leases. … Continue Reading
Continued from Part I . . . These 10 common problem areas can easily be avoided by paying attention to details. 6. Outside the Premises A tenant should think beyond the four walls of the premises and consider whether it needs to use any amenities, such as parking and common-area conference rooms. Unless the lease … Continue Reading
These 10 common problem areas can easily be avoided by paying attention to details. It’s a dangerous world out there. We cannot eliminate all risks. But a well-drafted lease can minimize risk, and a poorly drafted lease can unnecessarily create serious problems for either a landlord or a tenant. Following are instances in which a … Continue Reading
As the economy slowly improves, a lot of previously vacant office space is now being re-leased at historically low rental rates. This is giving both landlords and tenants the opportunity to modify the manner in which square footage is measured for purposes of determining the rent. In negotiating leases, the parties need to know what … Continue Reading
