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I want to understand below,from my lease agreement,one of provision Lan

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I want to understand below,from my lease agreement,one of provision

"Landlord and Tenant agree that, upon Ihe demand of the other party, each shall execute an amendment to this Lease, in recordable form, setting forth the Commencement Date and the termination date of the Lease term. Any access by Tenant to the Premises prior to the Commencement Date shall be upon all of the terms, covenants and condittons of this Lease, except only the payment of minlmum Rental, Percentage Rental and Additional Charges. Tenant shall pay all utility charges related to the
Premises whteh accrue from and after Landlord's tender of possesston"
Submitted: 6 years ago.
Category: Legal
Expert:  LawHelpNow replied 6 years ago.

Hello and thanks for choosing Just Answer®.

 

I am a licensed attorney, and I will be glad to try and assist you. To provide you with accurate information, could you please clarify these points:

 

  1. What is the jurisdiction (state) in question?
  2. Is this a residential lease or a commercial lease?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer: replied 6 years ago.

Sorry for late,

FL. and Shopping mall

 

I want to undetrsrand especially, accure , and Landlord's tender of possition,

Expert:  LawHelpNow replied 6 years ago.

Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with property law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification after reviewing the following information. Thank you for writing back with the additional information, which was helpful to my analysis of your inquiry.
  2. "I want to understand below,from my lease agreement,one of provision..." The clause you have quoted is a common component of many commercial leases. It is often either included as part of a drafted instrument or sold as part of a template lease containing "boiler plate" (standard) language. Sometimes it is included under a section labeled "Estoppel Certificates and Attornment". In technical language, the provision represents a clause whereby a mortgagor attorns a tenant to a mortgagee, which in turn gives the mortgagee a right to distrain, as an additional measure of security. In more plain terms, it simply acknowledges the existence of the landlord-tenant relationship and the certain duties stemming therefrom. Specifically, it means the landlord has the right to require the tenant to provide certain explanations to creditors or other parties, usually when the landlord is seeking to obtain financing. This process ("attornment") is simply part of due diligence associated with the financing transaction. So, basically, it simply requires the tenant to help out and back up the landlord by verifying or confirming the nature of the lease and the parties' business relationship.
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope that this situation gets resolved appropriately and that you prosper in your business endeavors.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer: replied 6 years ago.

 

For me ,

I try to file the motion to dismiss,to failure to state cause of action,

 

Base will be,

 

This cluase clearly said lease,

 

"Agreement to agree"

 

Because, They omitted to attatch that amendment lease instrument to set forth date of commencement and termination date"

 

 

Expert:  LawHelpNow replied 6 years ago.

Hello again,

 

Thanks for writing back -- good to hear from you.

 

I do ask that you kindly press "Accept" to process my answer.

 

I will be glad to comment further -- please see below.

 

You have raised some additional points going way beyond your initial inquiry. Are you saying that this commercial lease clause is involved in litigation? Please provide full details so I can understand what is happening. I would also need to know the full name of the Court in which the case is pending, along with the name of your jurisdiction (state)please. I shall be away from my computer soon but will be sure to check back for any updated posts when I return to this online forum, which will most likely be tomorrow morning.

 

Until then, best wishes to you and you family for a safe and prosperous new year!

 

Take care and thanks again for choosing JustAnswer®!

 

[Please click "Accept" -- this is the only way I get paid for my work and services provided.]

LawHelpNow and 2 other Legal Specialists are ready to help you
Customer: replied 6 years ago.

 

Fl state,

 

Is that a "Agreement to agree" ?

on plain language?

 

That is my key question,

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