What Should a Lease Say About Repairs and Maintenance?

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This isn’t going to be a “head” piece. This is about the nuts and bolts of repair and maintenance obligations in a lease and is intended for those who make the deals and those who craft the documents. It is only a “teaser” to get all of us thinking about whether our lease forms really have it “right.” It isn’t an encyclopedic piece. If things go well, it won’t be very lengthy. [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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