2021 Risky Tenants: Drafting Issues for Landlords

Original program date 1/15/2021

Landlords (and their lenders) want nothing more than certainty in the stream of rental payments from tenants. When risks are involved – because of the profile of the tenant or the nature of its operations – landlords seek to offset the risk through higher rents and protective provisions in leases. Those provisions may include restrictions on usage, insurance requirements, more thoroughgoing inspections or other restrictions. This program will provide you with a guide to drafting and negotiating leases when a landlord has a risky tenant, with an emphasis on offsetting or compensation for that additional risk. 

• Drafting protections for landlords when tenants pose legal or operational risks – including cannabis businesses
• Identifying points of potential liability – financial and otherwise – for landlords
• Drafting scope of tenant use to permit activity but limit landlord risk
• Economic issues – rent, guarantees, insurance, supplemental payments, escrow
• Termination provisions – when can the landlord pull the plug?

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for GAL Certification, ethics, elimination of bias or Kansas credit.