Successful Lease Negotiation

Robert Wayne Olson Jr

Case Conclusion Date:December 8, 1989

Practice Area:Real Estate

Outcome:Successfully proposed a creative solution to a sublease problem.

Description:I wanted my client (the subtenant) to have the legally enforceable right to deal directly with the landlord, rather than always going through the tenant. Usually, only the tenant has the right to make legal claims against the landlord - if the subtenant has a complaint, he has to convince the tenant to make that complaint. No form book language was available for this novel approach, nor had anyone in my firm ever seen such language used. Therefore, I used the legal concept of "privity of contract" to draft a completely new contract clause to achieve the desired result. My creativity in coming up with this new language, only 5 years out of law school, was complimented by one of the top real estate attorneys in town.