How Can A Tenant Use Self-Help To Enforce Its Own Exclusive Use Rights? Print In prior Ruminations postings we’ve explored the inadequacies of damages and inadequacy of a tenant’s right to terminate its lease as remedies for a landlord’s failure to deliver on a lease’s promise that the tenant will have the exclusive right to sell certain goods or services at the property. Briefly stated, figuring out the quantum of damages that will offset a speculative loss of profits is a fool’s errand; and, terminating a lease is like ending your own life to relieve the pain of a headache. OK, that’s not a good example, but you get the idea. [Read more…] Print

What Is A Rogue Tenant?


I’ve struggled over this Blog entry more than any of the ones that have preceded it. That’s probably because I’m not comfortable with how to balance the legitimate needs of both a landlord and its tenant. Certainly, without a tenant having a remedy for a breach of an exclusive use right granted in that tenant’s lease, the “grant” is mere surplusage. On the other hand, it isn’t always something a landlord did or didn’t do that is responsible for the breach. So, that’s one dividing point – was the landlord “bad” or just another innocent victim? And, on top of deciding if the landlord was “bad” or “innocent,” there is the question of whether a landlord should have some time to “fix” the problem. If the answer is “yes,” then “how long,” and does the tenant get any kind of relief while waiting to see if the problem gets “fixed.” I’m not going to get to those questions (or others) in this entry. [Read more…] Print