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Harvey Haber’s Leasing Tips August 2012

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LEASING TIPS

By Harvey M. Haber, Q.C. (Retired)

No Relocation

If the tenant has enough clout, it should insist that once it has taken possession of its premises, that the landlord cannot relocate it.

Architect’s Certificate

A tenant should insist on receiving from the landlord an independent Architect’s Certificate as to the Rentable Area of the Premises before the lease is signed.

This will avoid all kinds of problems, particularly since the tenant’s rent is based on the Rentable Area of the Premises.

Don’t Use Lessor

If the landlord’s standard form lease uses the term “lessor” and “lessee”, a tenant should insist that these terms be changed to “landlord” and “tenant”.

Why?

Because it is too easy to make a mistake and mix them up.

If the error is in the tenant’s favour, a landlord can expect a request for concessions from the tenant in order to agree to correct the error.

 

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