Links from this article:
Read the article here.

Drafters of commercial lease agreements should beware when drafting the minimum rent clause. An option to renew an agreement can oblige the landlord to offer to renew for the original (lower) rent, although the rental market may have increased.

A lease signed in 2002 permitting the Knights of Columbus to rent 3,800 square feet of second-floor space — including a meeting area and bar/kitchenette — for the grand sum of $1 a year, may in turn prevent the sellers from selling the metropolitan centre.The idea for the “sweetheart lease” may have been a reward for the Knights’ willingness to sell. As the vendors have discovered, even rent as cheap as $1 can be valid for 100 years.

Read the article here.

Take away:

  • When drafting the minimum rent clause, landlords should consider whether they want to give the option of renewing the terms, including minimum rent, and the impact this may have on a future sale of the property.

 

–  –  –

This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk. Clausehound.com is a legal tool geared towards entrepreneurs, early-stage businesses and small businesses alike to help draft legal documents to make businesses more productive. Clausehound offers a $10 per month DIY Legal Library which hosts tens of thousands of legal clauses, contracts, articles, lawyer commentaries and instructional videos. Find Clausehound.com where you see this logo.

What you don't know can hurt you! Subscribe to stay informed.

Sign up now and receive an email when we publish new content.

We will never give away, trade or sell your email address. You can unsubscribe at any time.