[WSBARP] Contracting Around Landlord Tenant Law

[Roger Moss]

Jeff that is a very odd provision, and it would be helpful have more context.

These comments are made without reference to any moratoria rules, and spring from my experience in leasing roles for chain-stores and large shopping center organizations.

My colleagues and I saw and often crafted thousands of uni-lateral rights to cancel leases. Examples include the one Starbucks puts into new store deals, and landlord clauses that give them the absolute right to recover space that may be essential to redevelop a property.

The clauses are easy to write, but very detailed; scriveners work hard to avoid any ambiguity of intent, purpose or outcome. 

It is common for retail chains who acquire other retailers, and landlords who buy properties to redevelop, to find imperfect leases that contain cancelation rights that are ambiguous. The best strategy to deal with it is to exercise the damn option, and be prepared to negotiate from strength.

With the other facts you describe, there does not seem much downside to exercising the option and then sit back and see what happens. 

The tenant may be relieved to get it.

Roger A. Moss 
Managing Director
Rincon Resolutions LLC
206.790.1971 Seattle
415.371.9724 San Francisco
RinconRes.org

Confidential Correspondence
The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.


> On Feb 12, 2021, at 9:59 AM, Jeff Davis <jeff at bellanddavispllc.com> wrote:
> 
> Listmates:
>  
> Commercial Lease.  It contains a remedies provision when Tenant defaults that allows for a non-judicial termination of the lease on ten days’ notice.  The clause specifically states “No judicial action is required to terminate the lease pursuant to this paragraph.”  
>  
> The lease, by its terms, ends June 30, 2021. The tenant closed its business over a year ago yet still stores things in the unit; rent has been paid, sporadically, but usually only after a letter from me.  Client wants to invoke the 10 day termination clause.  To what extent are parties to a commercial lease allowed to contract around the landlord tenant law?  Here Landlord would be using the 10 termination clause to shorten the contract term and forego any unlawful detainer action to judicially terminate the lease.
>  
> Your thoughts!
>  
> Jeff Davis
>  
> W. Jeff Davis, Esq.
> BELL & DAVIS PLLC
> P.O. Box 510
> Sequim WA 98382
> Phone No.:(360) 683.1129 
> Fax No.: (360) 683.1258 
> email: info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>  
> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>  or call 360.683.1129
>  
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
> 
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp <http://mailman.fsr.com/mailman/listinfo/wsbarp>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210212/6e5a0cf9/attachment.html>