Friedman on Leases (Sixth Edition) clarifies and analyzes the full range of lease provisions and conceivable landlord-tenant situations to give readers unsurpassed practical instruction on how to negotiate and draft airtight agreements that protect clients’ rights and minimize their liability exposure.
Highlights of the latest update—Release #9—include:
- Chapter 12, Landlord’s Services and Other Obligations. Updated discussion underlines the importance of expressly specifying in the lease any services that the tenant expects to receive.
- Chapter 13, Condemnation. Updated discussion underlines the importance for a landlord, if it is the landlord’s intent, to expressly state in the lease that upon condemnation, the lease automatically terminates (or terminates at landlord’s option) and the tenant waives any right to the condemnation award.
- Chapter 14, Renewals. Updated discussion covers Minnesota’s statutory provisions barring retaliatory eviction, but that apply only to retaliation for complaining to a government agency or filing a suit, not complaining to the landlord.
- Chapter 15, Purchase Options. Updated discussion includes an example of a purported election that is ineffective because it did not conform to the lease.
- Chapter 16, Default by Tenant. New discussion explores the extent to which courts will enforce a tenant’s waiver of certain rights if the waiver is expressly set forth in the lease, and agreed upon by the parties.
- Chapter 17, Exculpatory Clauses. Updated discussion covers how different states handle exculpatory clauses, including Alabama, California, Illinois, and Pennsylvania.
- Chapter 21, Distraint, Landlords’ Liens and Tenant Security. The updated discussion underlines the importance for a tenant to request during lease negotiations that landlord’s assignee is required to specifically assume landlord’s obligations with respect to the return of the security and the landlord is only released if it actually delivers tenant’s security deposit to the grantee and provides tenant with notice of such transfer.
- Chapter 25, Fixtures. Updated discussion provides another sample provision in a lease with strong tenant protections for fixtures.
- Chapters 11, 18, 20 & 22–24 have been updated to incorporate the latest case development. To aid in your research, the Table of Authorities and Index have also been updated.
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