Is Adequate Parking An Unwritten Right?

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It’s easier to “say so” in a lease than to have a court tell you what you meant or wanted  to say. And, that’s true whether the court has ruled in your favor or against you. For one, rulings are usually not entirely favorable. Another is that uncertainty is an enemy. A third is that money is better spent at the outset, as painful as that may be to some. As is often said, “Pay me a little now or a lot more later.”

Today, we’ll introduce a simple California Court of Appeal ruling about the sufficiency of parking at a shopping center. We’re talking about the December 7, 2015 unpublished decision in a case titled: Gietzen v. Goveia. For those interested in seeing the written opinion, click: HERE.

Let’s get the lease’s relevant provisions out of the way. There wasn’t a lot, and here is what we’ve selected: [Read more…]

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Does a Landlord Have An Implied Duty To Maintain a Shopping Center?

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I just read a July 7, 2011 New Jersey Superior Court, Appellate Division decision that puzzles me. Basically, it says that in a lease that required the tenant to operate its business in a “first class and reputable manner,” the landlord had the implied covenant to operate a “first-class” shopping center. Then, when the landlord didn’t do so, it breached the lease and the tenant could vacate its premises.

Fourteen years ago, I wrote an article titled: “What Is This Thing Called Quiet Enjoyment? (in the Context of Commercial Leases).” The article may be dated, but I think I have followed the thrust of the law since then and that is why I’m surprised at the result in this case. I’m not surprised that a trial court might find such an implied covenant to maintain commercial property, but I didn’t think that, even in New Jersey, an appellate court would agree. [Read more…]

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