Phoenix Landlord Tenant Commercial Legal Information

Landlord Tenant Commercial

Collection Options for Broker Lease Commission

by Andrew D. Lynch

In these difficult times, real estate brokers are finding it more and more difficult to collect lease commissions from commercial landlords. But brokers have several legal options at their disposal.


Landlord Tenant Commercial

Operating Expenses (Part 3) Audit Rights

by Ryan T. Rosensteel

This is the final blog post in a 3 part series on the negotiation of operating expense provisions in commercial leases.


Landlord Tenant Commercial

Operating Expenses (Part 2) Exclusions

by Ryan T. Rosensteel

As stated in the previous blog entry, landlord form leases often allow the landlord to pass through all expenses in any way related to the management and operation of the project. It is important for tenants to negotiate the charges that can and cannot be passed through.


Landlord Tenant Commercial

Operating Expenses (Part 1) Introduction

by Ryan T. Rosensteel

This blog entry is the first in a three part series on the negotiation of operating expense provisions in commercial leases.


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Landlord Lien Rights on Tenant’s Personal Property

by Ryan T. Rosensteel

There are three primary forms of security used for tenant’s payment of rent: a security deposit (in the form of cash or a letter of credit), a personal or corporate guaranty, and landlord lien rights on the tenant’s personal property located within the leased premises. Most tenants incorrectly negotiate the landlord lien rights provisions in commercial leases.


Landlord Tenant Commercial

Death and Disability Clauses (Part 2)

by Ryan T. Rosensteel

This is a follow up to the Article titled "Death and Disability Clauses".


Landlord Tenant Commercial

Commercial Real Estate Broker Liens

by Ryan T. Rosensteel

As follow up to my blog entry titled “Collecting Your Leasing Commission,” this blog entry focuses on Arizona commercial real estate broker liens.


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Timing of Payment of TI Allowance to Tenant

by Ryan T. Rosensteel

When negotiating a tenant improvement allowance, tenants (and their attorneys) often overlook a critical issue: the timing of the landlord’s payment of the allowance.


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Release of Original Tenant Upon Assignment

by Ryan T. Rosensteel

Most commercial leases that landlords use as a standard form lease contain a provision restricting assignment of the lease by the tenant. The provision states that the tenant cannot assign its interest in the lease without the consent of the landlord, which consent may be withheld in landlord’s “reasonable discretion” or “sole discretion.”


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Determination of Fair Market Rent (Part 2 of 2)

by Ryan T. Rosensteel

As discussed in the previous blog entry, a tenant should negotiate a renewal option with a clear, unambiguous method for determination of fair market rent. The tenant wants a neutral, well-defined calculation, appraisal or arbitration process. The tenant does not want to further negotiate with the landlord at the time of renewal, since the tenant always can negotiate with or without a renewal option.