ARTICLE · 06 NOVEMBER 2015

Harvey Haber's October 2015 Helpful Commercial Leasing, Arbitration And Mediation Tips

Goldman Sloan Nash & Haber LLP

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If you are a Tenant and want to exercise the right in your lease to extend the Term, make sure that you give the required Notice of Extension on time, and in accordance with the Notice provisions in the Lease.

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Harvey M. Haber, Q.C

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Lease Documents

It is imperative that both Landlord and Tenant keep all the lease documentation together (including the Lease, and any addenda, riders, exhibits, amendments and related agreements, as well as any assignment/sublet consents, and any subsequent lease documentation). Otherwise it could be detrimental (to say the least), if an opinion is asked on the lease and it turns out that an important document (such as an amending agreement that has modified the lease) is missing.

Do Not Accept Proof of Insurance By Fax
A Landlord should require that the Tenant send the Landlord the Tenant's original insurance forms and endorsements, but if the Landlord must accept copies of insurance certificates, the Landlord should absolutely insist that the certificates be certified by the Insurer, and not accept photocopies, as they could be falsified.

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