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Friedman on Leases (5th Edition)

Author(s): Patrick A. Randolph, Amy L. Friedman, Kathryn Ann Friedman, Wendy Sue Friedman, Law Library, Milton R. Friedman
Practice Area: Commercial leases, Real estate, Real estate leasing, Real property
Published: Jun 2005
Supplement Date: Jul 2016 i Other versions can be found in the Related Items tab.
ISBN: 1402404093
PLI Item #: 660

“There is no comparable work on the subject.”
– The Business Lawyer

“Must reading and an important reference for all attorneys and every serious executive concerned with contracting for the use of space.”
– Real Estate Law Journal

“[Friedman on Leases is] practical, authoritative, and complete.”
– The Mortgage and Real Estate Executive Report

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 you 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, Friedman on Leases 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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Milton R. Friedman was a well-respected New York real estate lawyer, scholar and author who passed away in late 1997 after completing work on the Sixth Edition of Friedman on Contracts and Conveyances of Real Property. He was 93 years old and continued his work on this treatise until his last day.

Mr. Friedman had been a partner in the New York City law firm of Parker, Duryee, Zunino, Malone and Carter, and was a member of the Connecticut and New York Bars for over fifty years. After graduation from Yale Law School, he served as law secretary to Judges Learned Hand and Thomas W. Swan of the United States Court of Appeals for the Second Circuit.

Mr. Friedman lectured in many educational and professional forums, including the American Law Institute, New York University Law School, Practising Law Institute, Association of the Bar of the City of New York, New York State Bar Association, New York Chamber of Commerce and Industry, New York State Trial Lawyers Association, and other state and local bar associations.

He served as Chairman of the Committee on Real Property Law of the Association of the Bar of the City of New York, was a member of its Committee on State Legislation, Special Committee on Rent Control, and sat on the Advisory Committee—American Law Institute on Restatement (Second) of Property (Landlord and Tenant).

Patrick A.  Randolph, Jr., a graduate of Yale University and the Boalt Hall Law School at the University of California, Berkeley, is currently the Elmer E. Pierson Professor of Law at the University of Missouri, Kansas City. He  has taught at UMKC since 1980. He is of counsel to the law firm of Husach Blackwell Sanders LLP, in its  Kansas City, Missouri, office and part of the Real Estate Law China Law practices there. He has published fifteen books and scores of articles on real estate topics, and  regularly appears as a speaker on real estate issues around the country.

Professor Randolph is particularly well known as the Editor and founder of DIRT, the internet discussion group for real estate legal professionals. For fifteen  years, he also has been the author and revisor of the  popular treatise: Friedman on Leases - Randolph Edition, published by the Practicing Law Institute. 

In 2001, REALTOR magazine named Professor Randolph as one of the 25 Most Influential People in American Real Estate. Professor Randolph is regularly listed in various publications as one of the world's best real estate lawyers and as a Missouri Superlawyer. .

In early 1994, Professor Randolph was a Visiting Professor at Peking University (Beida) Law Department, and commenced an involvement with Chinese real estate law that has led to achievements rivaling what he has accomplished in American real estate law. Together with Lou Jianbo, a professor at Beida, Professor Randolph has published eleven articles and a book on Chinese real estate law. The book, published by Kluwer, Chinese Real Estate Law, has been the premier English language source for detailed, annotated information about Chinese Real Estate Law since its publication in 2001. The authors are now working on an update reflecting the passage of the new Basic Property Law in China.

In recognition of Professor Randolph's many services in China, in 2005 the Beijing government awarded him the Great Wall Friendship Prize - its highest award given to a foreigner. He is believed to be the law professor and one of only a small number of scholars to receive this award.