Archive for the ‘commercial lease’ Category

Force the (Legal) Issue, Before Courts Are Overpowered

For folks who cannot get enough of the argument that force majeure has excused anyone from performing an unpleasant or difficult contract obligation, you’ll want to watch Pacific Collective LLC v. Exxon Mobil, filed in Los Angeles County Superior Court, in Case No. 20-STCV-13294. In that litigation, the Plaintiff California retail developer (Pacific) claims the […]


The January 4, 2012 dismissal (without prejudice to refile) by the Honorable Susan Bolton in the State of Arizona v. Burke et al. lawsuit  illustrates the first-year law student lesson that there must exist  a case or controversy, which the State of Arizona had the burden to show existed, in order to qualify the State as a party with an interest […]

Landlords Rolling with Medical Marijuana Commercial Tenants – A New Dynamic, Part One

In this and four subsequent posts, I’m discussing from the landlord perspective some insights into leasing to medical marijuana enterprises space in commercial buildings, primarily in industrial and light assembly (commerce park-style) projects.  Fourteen states and the District of Columbia have approved the sale to licensed patients of smoke-able and consumable versions of Cannabis.  Another […]

Retailer Innovation and Landlord Caution

It stinks to be a retailer in Phoenix, by and large, in these times. Disposable income is down, and leases signed years ago have annual rent bumps. Landlords are trying to be flexible, but the savvy ones have read their lenders’ security documents’ provisions about reducing their lease rates and the pain that accompanies lowering […]

The Joy of Commercial Tenants in a Down Market

I have a commercial property in Arizona, outside the valley. I have owned it for several years, and except for occasional late rent payments, the original tenant was friendly and easy to work with. He took pretty good care of the place, and I really didn’t worry too much about what went on day to […]

Commercial Landlord Foxtrot

This is a time for calm. The Foxtrot, in ballroom parlance, is a “smooth” dance, noted for its elegance and artistry. Here are some reflections on how thoughtful landlords might think and proceed gracefully, navigating shoals littered with face-planted brothers and sisters. One: We’re all in this together. There are no tactics that will guaranty […]

Common Sense Optional

It’s not my role to substitute my judgment for that of a state’s supreme court (the highest rung of its appellate ladder, except when that phrase is used in New York, where the “Supreme Court” is really the trial court, which itself perhaps explains why I always feel a little lost when I tour that […]