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Friedman on Leases (Sixth Edition)

Author(s): Andrew R. Berman
Practice Area: Commercial leases, Real estate, Real estate contracts, Real estate leasing, Real property
Published: Feb 2017
Supplement Date: Sep 2021 i Other versions can be found in the Related Items tab.
ISBN: 9781402427299
PLI Item #: 173023

Friedman on Leases clarifies and analyzes the full range of lease provisions and conceivable landlord-tenant situations to give you unsurpassed practical instruction on how to negotiate and draft airtight agreements that protect your clients’ rights and minimize their liability exposure.

Friedman on Leases includes numerous case decisions with commentary and valuable sample lease clauses and agreements that help practitioners to:

  • Draft, negotiate, and amend every essential document involved in commercial leasing
  • Modify lease provisions for the full variety of landlord-tenant arrangements
  • Anticipate and resolve problematic transaction developments
  • Avoid drafting errors, including omissions, ambiguities, and fatal terminology
  • Understand and deal with difficult issues specific to assignments, subletting, renewals, take-over leases, percentage leases, and other challenging aspects of commercial leasing
  • Proceed wisely in those leasing areas with divided judicial authority or divergent state statutes

Recognized for its balanced coverage of tenant and landlord concerns, this treatise explains how tenants can obtain a ceiling on their aggregate liability, ensure premises are usable for their purposes before signing a lease, and relax the strictness of the non-assignment clause; and clarifies how the retaliatory eviction doctrine prohibits landlords from evicting tenants for exercising certain legal rights.

Conversely, Friedman on Leases gives details on how landlords can limit their liability for constructive eviction, how a properly constructed survival clause can protect landlords’ interests, how a radius clause in percentage leases can protect landlords when percentage tenants attempt to go too far, how a breakdown clause protects landlords if services are interrupted during repairs, and much more.
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Andrew R. Berman has over 25 years of experience in all aspects of commercial real estate, including retail and office leasing for both owners and tenants, complex acquisitions and dispositions of office buildings, hotels and other assets, real estate financings, construction and development projects. He also advises on workouts, foreclosures and other distressed debt transactions.  Andrew Berman is currently in private practice where he continues to focus on real estate transactions.  Previously, he was a real estate partner at Orrick, Herrington; Akerman LLP and Sidley Austin.  Andrew was also a full-time Professor at New York Law School (NYLS) for over 12 years, where he was the founding director of the Center for Real Estate Studies.   Andrew remains affiliated with NYLS, and is a Distinguished Adjunct Professor of Law.   Mr. Berman speaks regularly at conferences and publishes articles.  In 2017, Andrew authored the sixth edition of the treatise, Friedman on Leases.  He is a Fellow of the American College of Real Estate Lawyers and the American College of Mortgage Attorneys.  Mr. Berman earned his B.A. degree from Princeton University and his J.D. from New York University School of Law (cum laude, Order of the Coif).