In a commercial lease setting, in addition to the monthly rental payment, the tenant is often obligated under the lease agreement to reimburse the landlord for the tenant’s “Pro Rata Share” of certain “Operating Expenses” (sometimes called Common Area Maintenance…
Read MoreA properly structured sublease can be a prudent strategy in a commercial lease transaction. However, if poorly drafted, a sublease can unnecessarily expose all three parties (the landlord, tenant and subtenant) to unforeseen liabilities and risks.
Read MoreEffective January 15, 2017, Seattle residential landlords must comply with a host of new rules relating to the move-in fees they charge to tenants. This is the latest of several measures implemented under the recommendation of the Seattle Housing Affordability…
Read MoreBlog post written by Scott Feir and Jay Corker Free. Ensuring tenant safety just became more challenging. HUD and the Washington State Attorney General’s Office recently informed landlords that turning down housing applicants based on their criminal records may constitute…
Read MoreThe Seattle City Council has passed a new housing ordinance, which requires residential landlords to screen rental applications in chronological order and award the lease to the first eligible applicant. Failure to abide by the “first-in-time” policy can be deemed an…
Read MoreA Subordination, Non-Disturbance and Attornment Agreement (an “SNDA”) is often an underappreciated but extremely important document in a commercial lease transaction. An SNDA is an agreement among a lender, its borrower (the landlord), and the tenant, detailing the rights of…
Read MoreWhen purchasing improved or unimproved real estate, whether residential, commercial, industrial or mixed-use, performing proper due diligence is of critical importance to insure that the purchaser is truly getting the benefit of the bargain. Ideally, the diligence process begins by…
Read MoreThe Division I Court of Appeals recently split with Division II and held that a lender retains the right to pursue a deficiency action against commercial guarantors after nonjudicially foreclosing on deeds of trust securing the underlying loans. Washington Fed.…
Read MoreSome of the many great things about life in Washington State are its spectacular mountains, expansive forests, abundant lakes and the recreational activities they afford. In recognition of Washingtonian’s enthusiasm for outdoor life, the Washington State Legislature enacted the recreational…
Read MoreWhen tenants rent space in a multi-unit commercial complex, they often demand protection from competition within their real property leases through noncompete provisions. The risk is that the landlord will lease another unit within the same commercial complex to a…
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