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A Relocation Clause Moves the Premises and Leaves the License Behind

A St. Paul landlord asked its tobacco shop tenant to move to a bigger vacant unit in the same shopping center. The city denied the new license, because a St. Paul tobacco products shop license attaches to one address, there are fifteen of them citywide, and no new license may issue within 2,640 feet of an establishment that already holds one. Two units in one strip mall are not 2,640 feet apart. The Minnesota Court of Appeals affirmed the eviction on 20 July 2026: the force majeure clause extended deadlines rather than excusing performance, impossibility and frustration of purpose are unavailable in an eviction action, and a landlord that spends six months lobbying city hall for its tenant has not breached the duty of good faith.

Your Rent Abatement Is Zero When the Named Storm Deductible Exceeds the Loss

The 2026 Atlantic season has produced seven named storms and no hurricanes, and more than a billion dollars of damage. A hurricane deductible would not have fired once. A named storm deductible fires on a 45 mph tropical storm, and on a Gulf Coast property it is usually 5 percent of the insured value, which on a mid-sized shopping center is a seven-figure number the insurer never pays. The AIR CRE form then calls the loss an Insured Loss anyway, bills the deductible to the tenants as an operating expense, and caps rent abatement at insurance proceeds that were never released.

A Holdover Premium in a Physician Lease Fails Stark Whether You Charge It or Waive It

The rental of office space exception at 42 CFR 411.357(a) requires the rent to be consistent with fair market value throughout the arrangement, including the holdover. A standard 150 percent holdover clause on 6,000 square feet of medical office space at the national average rent collects about $6,350 a month extra. CMS has said the premium has to be fair market value when the lease expires and for as long as the holdover runs, and that failing to charge a premium the lease requires may itself be a change in the terms and conditions, and may be forgiveness of a debt.

The 50% Repair Test Decides Who Buys the New Rooftop Unit

Paragraph 7.1(d) of the AIR CRE net lease sends the HVAC unit to the landlord if the repair costs more than half of a replacement, and leaves the whole bill with the tenant if it costs less. On a $25,000 rooftop unit with 30 months left, a $200 swing in the repair estimate moves about $7,200. The refrigerant inside that estimate is under a shrinking federal production cap and has no published price, and there is no way to retrofit an R-410A unit off R-410A.

Rent Escalation From a CPI Month That Was Never Published

Ask the Bureau of Labor Statistics for the October 2025 CPI-U and it returns a dash. The 43-day appropriations lapse killed the collection and BLS said it could not go back for it. Leases that measure rent from October to October now have a base month that does not exist, the index substitution clause most of them contain does not fire, and the derivatives market and BLS's own productivity program filled the hole with two different numbers.

Four Five-Year Options Turn a 20-Year Lease Into a Change of Ownership

California reassesses a property at market value when a lease of 35 years or more is created, and the count includes every written renewal option. A 20-year data center lease with four five-year options is 40 years. The Board of Equalization drew the line at whether the lease has ever crossed 35 years before, and the Court of Appeal once told an assessor that a long-term lessee buying its own landlord out is not a scam.

Your Re-Entry Clause Beats the Texas Lockout Statute and Buys Nothing in California

A landlord padlocked a Manhattan storefront over $270,493.21 in claimed arrears while the question of whether any rent was owed was still pending in another court. The Appellate Term held that self-help is available to commercial landlords, then listed four conditions the lease only satisfies one of. Change states and the same clause is worth everything, one month's rent, or nothing.

Ground Rent Reset Arbitration Is Unreviewable Until the Umpire Takes Work From One Side

A three-arbitrator panel valued the land under 100 West 57th Street at $301,250,000 and raised the ground rent from $4,360,587 to $24,602,184. On 3 September 2026 the First Department threw the award out, but not because the number was wrong. Nobody reviewed the number. The valuation standard decides what the rent becomes; the arbitration clause decides whether anyone ever looks at it again.

Your Tenant's Unpaid Electrician Gets a Lien on Your Building

A North American office fit-out averages $295 a square foot in 2026 and 43% of subcontractors wait more than 90 days for final payment. When a tenant runs out of money mid-build-out, whether the contractor's lien reaches the landlord's fee estate is decided by the alterations clause, not by the lien statute.

A Compliance-With-Laws Carve-Out for Future Laws Misses Local Law 97 by Five Years

New York City published its first year of Local Law 97 enforcement data in September 2026: 470 buildings over their carbon cap and $270,150 in penalties. Around 57% of covered buildings are projected to miss the 2030 caps. Whether the owner or the tenants pay turns on an operating expense clause, and on whether its compliance-with-laws language is limited to laws enacted after the lease was signed.