The Devil Is In the Details: Understanding Commercial Lease Provisions to Protect Your Bottom Line

June 23, 2010
Herrick, Feinstein LLP2 Park Avenue, New York, New York

Our panel discussed some of the least-understood provisions of commercial leases that can expose you to risk -- or increase your income.

1.5 non-transitional general NY CLE credits were awarded to attendees.

Topics discussed:

  • Key provisions in operating expense escalations that every landlord should have
  • Your protection against mechanics' liens may be useless; we'll discuss how to fix them
  • A novel lease structure can help protect the landlord's interest in a tenant security deposit if the tenant files for bankruptcy protection
  • The effect of certain tax abatement programs on tax escalation provisions is causing confusion; we'll clear it up for you
  • Assignments and subleases - important distinctions that a landlord should know about and some tips, tricks and techniques to better protect yourself


  • Robert Fink, Director of Leasing, The Winter Organization
  • Benjamin Kursman, Partner, Herrick, Feinstein LLP
  • Matthew Mayer, Senior VP and Regional General Counsel, Boston Properties