Notes on lease provisions.

Deep dives into specific clauses, emerging provisions, and property-type-specific drafting challenges.

7 entries on file

The Ledger

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7 entries

§ 01AUG 28, 2024

Property Types

Percentage Rent Provisions: The 5 Drafting Traps That Cost Retail Landlords Money

Gross sales definitions that don't account for curbside pickup. Breakpoints calculated on the wrong base rent. Audit rights without teeth. These five traps cost retail landlords real money.

David Saltman8 MIN READ

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§ 02JUL 22, 2024

Emerging Provisions

Green Lease Provisions: What Landlords Need to Draft Now, Before Tenants Demand It

ESG commitments are moving from investor decks to lease documents. Energy performance disclosure, waste reduction, sustainable fit-out standards, landlords who add them proactively negotiate from strength.

David Saltman8 MIN READ

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§ 03MAY 08, 2024

Provision Deep Dives

Options, ROFO, and ROFR: The Provisions That Kill Deals When Drafted Wrong

Renewal options, Rights of First Offer, and Rights of First Refusal, highest-stakes provisions that are most frequently botched. Here's what goes wrong and how to draft them correctly.

David Saltman9 MIN READ

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§ 04APR 29, 2024

Property Types

Industrial Leases Are Not Simple: The Environmental and Operational Provisions Most Teams Get Wrong

Industrial leases are differently complex, not simpler. Environmental indemnification, hazardous materials handling, clear height specs, utility capacity, provisions that generic templates don't address.

David Saltman8 MIN READ

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§ 05APR 03, 2024

Emerging Provisions

Force Majeure After COVID: What We Got Wrong, What We Fixed, and What's Still Broken

Three generations: pre-COVID boilerplate that didn't cover pandemics, 2020-2021 overcorrection with paragraph-length enumerations, and current best practice. What a well-drafted 2026 force majeure looks like.

David Saltman7 MIN READ

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§ 06JAN 30, 2024

Provision Deep Dives

CAM Reconciliation: The Most Disputed Provision in Commercial Leasing

CAM provisions seem simple, 'Tenant shall pay its pro rata share', but they're enormously complex: inclusions, exclusions, caps, gross-up, base year, audit rights. Here's how to draft them correctly.

David Saltman10 MIN READ

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§ 07OCT 23, 2023

Emerging Provisions

Green Leasing Is an Alignment Problem

Green lease provisions sound like an environmental decision. They're not. They're a contract problem about who measures, who pays, who reports, and who's blamed when the number is wrong.

David Saltman4 MIN READ

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§ What’s next

Reading is one thing. Drafting is another.

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