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Commentary on the latest news and developments in issues that matter to our clients.

Office Interior
15 January 2019

Tenant Build-Out Provisions: Who Pays for What...

Miller Johnson attorneys Erik Starck, Matt Van Dyk, Jeff Ammon and Jim Ens start their discussion on tenant build-out provisions in a lease agreement in this podcast.  Topics covered include “white box,” tenant improvement clauses, tenant improvement allowances, how plans and specs for build-out are handled, removal of tenant improvements at termination of lease and […]

 
02 January 2019

The CAM Scam in Leases (Part 3)

Miller Johnson attorneys Matt Van Dyk, Jeff Ammon and Grant Schertzing conclude their discussion on important parts of Common Area Maintenance (CAM) fees associated with leases.  Topics include landlord push back on CAM fee auditors being paid on a contingency basis versus flat fee, issues surrounding gross up provisions by the landlord in a partially […]

18 December 2018

The CAM Scam in Leases (Part 2)

Miller Johnson attorneys Matt Van Dyk, Jeff Ammon and Grant Schertzing continue to discuss important parts of Common Area Maintenance (CAM) fees associated with leases. Topics include pass through of property management fees, fees for services provided by landlord or landlord’s vendors, important lease sections to review, exclusionary clauses, how CAM is paid and or […]

04 December 2018

The CAM Scam in Leases (Part 1)

Miller Johnson attorneys Matt Van Dyk, Jeff Ammon and Grant Schertzing discuss important parts of Common Area Maintenance (CAM) fees associated with leases. Topics discussed include big concepts surrounding CAM like what is included or excluded in a operating expenses, approaches by landlords regarding payment of CAM, various models for determining CAM ways tenants can […]

Agreement
20 November 2018

Unsung Lease Terms that Deserve Attention (Part 2)

Jim Ens, Eric Stark, Karen Custer and Matt Van Dyk continue to discuss important unimportant terms in leases including subordination language, non-disturbance provisions, non-disturbance agreements, notice provisions, default provisions, sending sufficient notice and more.

Agreement
06 November 2018

Unsung Lease Terms that Deserve Attention (Part 1)

Jim Ens, Eric Stark, Karen Custer and Matt Van Dyk discuss important unimportant terms in a lease, looking not just at the apparent economic provisions but those tucked away in lease.  Provisions including assignment and subleasing, notice, use and estoppel certificates.

Signing document
23 October 2018

Don’t Waste Time on these Trivial Lease T...

Eric Starck, Matt Van Dyk, Karen Custer and Grand Schertzing focus on lease terms that one hopes to never run into needing.  Terms covered include condemnation, casualty, quiet enjoyment, default and holding over.

apartment
09 October 2018

What Renters, Landlords Need to Know About Cons...

Rachel Hillegonds, Grant Schertzing and Bob O’Brien continue to discuss the main consumer protection laws in Michigan.  Topics include the Truth in Renting Act and how it applies to written leases including how lease clauses reference other consumer protection acts, prohibited provisions as well as required provisions in a lease, information on notice and tenant […]

apartment
25 September 2018

What Renters, Landlords Need to Know About Cons...

Rachel Hillegonds, Grant Schertzing and Bob O’Brien discuss the main consumer protection laws in Michigan. These include the Landlord and Consumer Relationship Act, Truth in Renting Act, Michigan Consumer Protection Act and some other consumer laws relating to renting. Many of the laws govern the relationship, communication and language in the lease between tenant and […]