Indemnification Clause: Commercial Lease

An Indemnification clause may be contained in a standard commercial Lease. It might appear as follows: “Section X – Third-Party Indemnity In consideration of the Landlord entering into this Lease …

Guarantors and Indemnifiers

Key Differences Feature Guarantor Indemnifier Nature of Obligation Secondary: pays only if the Tenant defaults Primary: responsible from the outset Landlord Must Sue Tenant First? Yes, unless waived in writing …

Guarantors and Indemnifiers for Leases

While Guarantors and Indemnifiers both provide security for someone else’s obligations, the legal effect, timing, and extent of liability are different. Here’s a breakdown of the key distinctions, especially as …

Collecting on a Judgment

Question: I have a landlord client that has had a bad tenant (who has moved out now), didn’t pay rent, damaged the unit. My client has already gone through the …

Not Taking over Tenancy

The Buyer included a clause as follows: “The Seller agrees that this agreement is null in case the property is not vacant at the closing date.” This is a rather …

Tenant Thwarts Closing

Question: I have a firm offer on tenanted property. The closing date as stated is slightly over two months from now. No other clause mentions vacant possession in Schedule A …

Selling with a Difficult Tenant

Question: I have a Seller Client who wants to list a Townhome with a (currently) disagreeable Tenant. Tenant is paying far under market rent, and apparently said, “I’m not going …