November 27, 2017
What due diligence steps should a tenant undertake with respect to a commercial property before signing a lease? Due diligence customary in a commercial real property purchase Step back and consider for a moment that when we buy a piece of real property — for our home or for our business — it is prudent … Continue reading Commercial Leasing: Steps to consider for tenant due diligence
June 7, 2017
With the advent of the camera phone, the ubiquitous device in everyone’s pocket, there is no longer an excuse for failing to document “things” for posterity. And such forethought from our clients can prove decisive in a legal battle. Examples where photos are helpful The best example of the value of real-time photos is in … Continue reading Commercial dispute resolution: In litigation, a picture is indeed worth a thousand words
April 20, 2017
For both landlords and tenants, there is curious and confusing phraseology in many if not most commercial leases relative to the payment of rent: Rent will be paid without any set-off, counterclaim, deduction or recoupment whatsoever. That sounds like (and is) a lot of legalese, but what does that mean? It is, in fact, an … Continue reading Commercial Leases: “No right of offset,” what does that mean?
March 31, 2016
10 Things Finney Law Firm Can Do For You Often times when people think of attorneys they think of lawsuits or criminal charges and as a result that is why they need an attorney. While attorneys are needed to help you deal with lawsuits and criminal matters that is not the end of the list … Continue reading 10 Things An Attorney Can Do For You
July 10, 2015
When a commercial tenant occupies a building pursuant to a lease, he wants and expects to stay throughout the lease term. He invests in tenant improvements, and he is growing a business at that location. It would be expensive — indeed sometimes financially catastrophic — for his business to be forced to move. So, he … Continue reading Advanced commercial real estate law: What are a tenant’s rights in a receivership or foreclosure
June 15, 2015
Ohio Revised Code Chapter 1923 provides a method of judicially acquiring possession of property back from a residential tenant. This is commonly referred to as an eviction. Under the Revised Code it is referenced as an action in “forcible entry and detainer.” But that Chapter does not apply to commercial tenants. Thus, the question: May … Continue reading Advanced commercial real estate: Can Ohio commercial landlords lock out a tenant in default?
October 28, 2014
Most lease agreements require the tenant to pay rent on the first of the month to secure her right to occupy the property for the remainder of that month. This is referred to as a future rent payment. Nonpayment of rent is the most common cause for a landlord’s decision to file an eviction proceeding. … Continue reading Collecting rent during an eviction action: the distinction between past due and future rent payments