[RPPTL Leasing Committee] Escalating Clause in pre-1975 lease

[Anne Q. Pollack]

Please ignore my prior email! My apologies!

Here is my question. Appreciate any help!

In essence, are escalating clauses from leases dated before 1975 permitted after 1988?

The case law is clear about pre-1988 escalations – prohibitions on them are an impairment of contract.  But the case law seems less clear about whether they are prohibited post-1988.

Has anyone had experience with this and knows if there is a clear answer?

Many thanks!


ANNE Q. POLLACK | SENIOR COUNSEL
(She/Her)

TRENAM LAW
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