At Schorr Law, our Los Angeles commercial real estate attorneys have significant experience litigating all types of commercial leasing disputes. Those disputes can arise out of the most basic terms or complex risk shifting terms often contained in commercial leases. For example, most commercial leases contain an indemnity provision that require the tenant to reimburse the landlord for things like a slip and fall that occurs in the common area of a property. Even though insurance usually covers these types of disputes, it is important to understand every term in a commercial lease – even boilerplate terms.
Here is an analysis of a published California opinion dealing with a boilerplate indemnity provision.
Morlin Asset Management LP v. Murachanian
Landlord’s Response to Suit:
The Ruling and Conclusion:
the injury to a third party that occurred outside the dental suite, in a common area over which the landlords have exclusive control, did not arise out of the tenant’s use of the dental suite. It does not matter that the accident would not have happened but for the tenant hiring the third party to clean the carpets in the dental suite, and that the third party may have been at fault. The connection between the tenant’s use of his suite and the accident in the stairwell over which the tenant had no control is too remote to have been within the contemplation of the parties when they entered into the lease. (Id. at 193.)
Accordingly, the lesson here is to carefully review each boilerplate provision in your commercial lease and assess the need for extra protection.
Schorr Law’s real estate attorneys in Los Angeles have experience resolving lease disputes. To inquire about a free 30-minute consultation, contact us by phone at (310) 954-1877 or by email at firstname.lastname@example.org.
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