Section 17 Comments on Minor Phases of Lease Drafting

• Library: Real Estate Leasing and Landlord-Tenant Actions and Remedies 2011

Some other phases of lease drafting deserve comment.

· If restrictions are to be placed on the actions of a tenant, a clause that certain things cannot be done “without the landlord’s written consent” is usually better than an absolute prohibition. The consent can be given by a letter, while the prohibition must be altered or modified by a lease amendment.

A party obligated to pay taxes or assessments or to discharge judgments or liens should be given the right to contest these without defaulting. Provision can be made for a deposit of cash or a bond while the contest is carried on in good faith and with due diligence as long as the property is not in danger of loss through tax sale...