[WSBARP] COVID Commercial Lease Provisions

Sun Aug 9 14:39:10 PDT 2020

Kaitlyn & Shaun,

It is my understanding that Starbucks and some other giants started adding “pandemic" to their standard force majeure clauses even before Covid hit. Retail leases can be juiced up with penalty clauses borrowed from the regional mall realm. In other jurisdictions I have successfully enforced treble-rent penalties for violating radius restrictions, operating covenants, use clauses, and related “control” terms.

Of course I recommend adding a dispute resolution/mediation provision to every lease and contract (while avoiding mandatory arbitration). If anyone would like to see the provisions I use, please write me directly.

The second link below will take you to an article in San Francisco Attorney. It describes innovative rapid response intervention in leasing conflict. Over 2,000 tenants and landlords have avoided eviction actions using the program. The success rate over three years exceeds 97%.

If anyone is interested in our efforts to establish a program like that in Washington, I would welcome hearing from you.

Roger A. Moss, Esq.
Pacific Conflict Intervention
206.790.1971 Seattle
415.371.9724 San Francisco
www.pacific-ci.com
Disrupt Eviction with ODR <http://epaper.rhawa.org/Olive/ODN/RHAWA/default.aspx>
Engaging Conflict in Pandemic’s Shadow <https://blog.sfbar.org/2020/07/10/conflict-intervention-service-transforming-lives-transforming-affordable-housing-transforming-community-in-times-of-covid-19/>

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> On Aug 9, 2020, at 9:18 AM, Law Office of Shaun Watchie Perry <shaunwperry at swp-law.com> wrote:
> 
> Please reply to list.
> 
> Ms. Shaun Watchie Perry | Attorney at Law 
> Law Office of Shaun Watchie Perry 
> 1325 Fourth Avenue, Suite 940 | Seattle, WA 98101 
> Tel +206.729.7442 | Fax + 206.260.1411 | www.swp-law.com <http://www.swp-law.com/>
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> On 8/7/2020 11:20 AM, Kaitlyn Jackson wrote:
>> Happy Friday! 
>> 
>> I'm drafting a couple new commercial leases for landlords and am wondering what "new and fun" provisions others might be adding to their leases in response to COVID. Any input is much appreciated! 
>> 
>> -- 
>> Thank you,
>> 
>> Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC 
>> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
>> t: 206.973.3500  <>| f: 206.577.5090 <>| e: kaitlyn at dimensionlaw.com <>| www.dimensionlaw.com <http://www.dimensionlaw.com/>
>> 
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