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Landlord Lien Waivers: Law and Practice

Landlords and their tenant’s lender and equipment leasing companies compete for lien priority over the tenant’s assets. As a result, those lender and leasing companies frequently require consents and lien waivers from their customers’ landlords. Here are some practice pointers in preparing effective waivers and in responding to requests for them.

How Not to Go Dark at a Shopping Center: Advice for Tenants (and hope for landlords)

It may not matter that a tenant’s lease expressly permits it to abandon its shopping center premises so long as it keeps paying rent. In New Jersey, there is an implied covenant of good faith and fair dealing in all contracts (including leases), and, under some circumstances, that may require a tenant to keep operating its store even if the lease says otherwise.

Do Estate Planning Terms Confuse You?

What’s the difference between a Will, a Trust, and a Living Trust? Here’s a simple explanation that will remove any confusion forever.

Preparing to Sell a Small Business

Here are some steps that a small business owner might want to take in preparation for selling a small business.

  • Published: February 15, 1999
  • By Bardin Levavy
  • Business Law

Tough New Rules on Employee Credit Reports

Companies that use credit reports to screen potential employees are now subject to new rules. If you don’t heed the warnings in this article, be prepared to pay a big penalty.

Be Careful About Moving Your IRA Money

Making a mistake when you move your IRA (Individual Retirement Account) from one place to another can be very, very, very costly. Here’s a description of the two basic ways to make a move and a recommendation about which one to use.

Keep Those Crummey Notices Coming

There’s a neat trick to turn an otherwise ineligible gift into one that is eligible for the annual gift tax exclusions. It’s called a “Crummey Power,” but failing to follow through with the administrative details can be an expensive mistake. Here are a few pointers about the technique and some rules for staying out of trouble.

Added Flexibility For Like-Kind Exchanges

Here’s a way that an individual or partnership owning a piece of property can do a like-kind (tax deferred) exchange and own the replacement property in a way that reduces its risk of personal liability as owner of the new property. Section 1031 of the Internal Revenue Code does not permit a change in the identity of an “exchanging” taxpayer, but here is a way that may get you around that limitation.

Not All Retail Leases Are Alike: Pay Attention to the Project!

Choosing a lease form is serious business—one form does not fit all projects. There are structural business differences from project type to project type. Here are some thoughts on the similarities and the differnces and why you should care.

Security Deposit Concerns for the Thoughtful Tenant

Here’s a practical exposition on the why’s and wherefore’s of negotiating leasehold security deposits in commercial leases. It looks at cash deposits as well as alternatives such as letters of credit. It discusses the question of interest, issues of “what does the deposit secure,” and many other intriguing questions.

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