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When Commercial Leases Don’t Mean What They Say

So you’re presented with a Commercial Lease, say a business retail tenant in a shopping center. You’re perhaps a Landlord, or a Tenant. You carefully review all of the terms and have no problem with their clarity. They’re explicit and unambiguous. What you might not realize is that there can be a third and silent party to the lease who may have other ideas – the Court, if there’s a law suit—which can amend even the plainest terms on the basis (called equity) of unfairness.

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