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Friedman on Leases (5th Edition)

 
Author(s): , Milton R. Friedman, Patrick A. Randolph
Practice Area: Corporate & Securities, Real Estate
Date: Jun 2004 i Previous editions(s) 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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Patrick A. Randolph, Jr. is the Elmer F. Pierson Professor of Law at the University of Missouri–Kansas City. Professor Randolph received his B.A. from Yale University in 1966 and his J.D. in 1969 from the University of California at Berkeley, where he was a Special Projects editor of the California Law Review. From 1969 to 1970 Professor Randolph served as law clerk to Chief Justice Kenneth J. O’Connell of the Oregon Supreme Court. He then became an associate in the firm of O’Melveny & Meyers of Los Angeles. Prior to joining the UMKC Law School faculty in 1980, Professor Randolph also served briefly as assistant attorney general in the state of Oregon and spent four years on the faculty at Willamette College of Law in Salem, Oregon. He has been a visiting professor at the J. Reuben Clark School of Law at Brigham Young University (where the students named him 1983 Law School Professor of the Year), at Loyola Law School in Los Angeles, Pepperdine Law School, University of Kansas Law School, Southwestern Law School, University of Iowa Law School, the University of Missouri–Columbia School of Law, and the St. Louis University School of Law. Professor Randolph teaches property and real estate finance and development courses. A specialist in real estate law, Professor Randolph has been chair of the Property Law Section of the American Association of Law Schools and has chaired the Missouri Bar Property Law Committee. He has served on the governing council of the ABA Section on Real Property, Probate and Trust Law. He is a member of the American College of Real Estate Attorneys, and the American College of Mortgage Attorneys. He was a reporter for the American Law Institute/American Bar Association project on Practice Skills Education in Real Estate Law. In spring 1994, Professor Randolph served as a visiting professor at the Peking University Department of Law in Beijing, China. He was also a guest lecturer at five other Chinese law schools. He has published, with Professor Lou Jianbo, a book-length treatment of Chinese real estate law. Last year, Realtor magazine, the publication of the National Association of Realtors, named Professor Randolph one of the twenty-five most influential people in American real estate.