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Like any charge under a retail lease, insurance charges can be the source of disputes between retail tenants and their landlords.  Special concerns arise when the landlord chooses to self-insure against certain risks.  It is not uncommon for a large landlord to self-insure at least a portion of its insurance obligations or for a landlord

As retailers continue to close underperforming stores and look for other ways to cut costs in a weak economy, they are closely monitoring and enforcing co-tenancy provisions in retail leases.

The language of the lease is critical in co-tenancy disputes.  Issues that arise include:

  • What conditions trigger a tenant’s co-tenancy rights? Closure of anchor stores? Closure of stores occupying a certain percentage of the leasable space in the mall?

Continue Reading Retailers Look To Cut Costs By Enforcing Co-Tenancy Provisions

The One Sentence Summary: In successful claim after successful claim, it is the lease language that is most important.

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Every year there are thousands of disputes in which retail tenants claim they are overcharged by owners and operators of shopping centers for CAM expenses, utilities, taxes, marketing fund payments and other charges. The