The Oklahoman

Tenant leases need carve-out clauses to cover tenant’s extended liabilitie­s

- PAULA BURKES, BUSINESS WRITER

Q: Are commercial tenants liable for groups that sell Christmas trees, pumpkins or other merchandis­e in the tenants’ parking lots (referred to as invitees and licensees)?

A: They are unless the lease carves out a tenant’s liability for these groups. It’s normal for a tenant to be liable for its own officers, directors and employees. But any extension/ enlargemen­t beyond that must be eliminated before a lease is finalized, in the best interests of the tenant.

Q: Is there anything for the landlord to also consider?

A: Yes. If a tenant fails to eliminate this extension of liability, it will also possibly cost the tenant’s landlord as well — unless the landlord puts language into the same lease that makes the general liability coverage that landlord carries secondary, non-primary, excess and noncontrib­utory to tenant’s coverage, as well as subject to a waiver of subrogatio­n.

Q: What’s in the best interest of landlords?

A: Conversely, a landlord shouldn’t let a lease get written that allows its tenant to avoid liability for the acts, omissions and negligence of such tenant’s invitees and licensees. Why? A landlord wants the tenant to be liable for these — or they become the landlord’s liability. Big picture: Unless the tenant is a huge anchor in the center, the landlord usually wins, because the landlord’s insurance carrier will require tenant to be liable for its own licensees and invitees.

 ??  ?? Chris Griswold is an Oklahoma City attorney specializi­ng in commercial real estate, energy and business legal services.
Chris Griswold is an Oklahoma City attorney specializi­ng in commercial real estate, energy and business legal services.

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