Don’t You Just Get Burned Up When Someone Wants To Misuse A Lease Provision As A Pretext To Get Out Of Their Lease?

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A couple of odd phone calls came to me over the past few weeks, both dealing with “damage and destruction” of leased space. One dealt with water damage following Hurricane Sandy. The other about a common provision dealing with “killing” a lease if there is damage in the last two years of the term. So, we thought we’d ramble about those two situations and also about the relationship between a landlord receiving adequate insurance proceeds and the obligation to restore the premises. Today, however, in the holiday spirit, we’ll stick to the Hurricane Sandy question.  [Read more…]

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