Fall 2006, Vol 31, No 2

Abstract: No consultant, real estate broker or lawyer likes to be accused of over-lawyering a lease. But clients often fail to recognize that a lease is a very complex document. State rules vary widely in identifying parties’ obligations and rights when nonresidential property leases fail to address key issues. However, in one respect, all U.S. courts agree: To a substantial extent, parties can change the rules by signing a written lease that contains different rules than the law would otherwise impose.