Moorhead Law Group

Moorhead Law Group, LLC is a small, hard-working law firm based in Chicago, Illinois, with a practice and reach that is national in scope.

Established in 2012, we hit the ground running with our direct approach, responsiveness with clients, and fair pricing for our legal services.

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Not all retail tenants can get a landlord to agree to a co-tenancy provision, but this still should be part of the tenant’s discussion with its broker or landlord. A co-tenancy provision allows a tenant to pay a reduced amount of rent when certain conditions are not met either before the store opens or once the store is operating. Usually, the condition is that certain other stores, such as anchors, or a certain percentage of stores in the center have to be open for business. For example, if a certain anchor tenant plus 70% of the remaining space in the…
The default section in a lease lists the set of conditions upon which a landlord may terminate a lease or tenant’s right to possession, as well as landlord’s remedy. The default remedies are significant and can severely impact a tenant. This section should be reviewed to minimize the risk that landlord will be able to ever put tenant in default and seek a remedy. Default Triggers are Stiff The default provision typically will say that a default occurs in the event tenant fails to pay rent when due or with a few days of when due. Having a few days’…
  Just when retailers thought the challenge of the Great Recession was finally behind them, another challenge – lurking for years – is rising fast: Amazon. Hundreds of articles have been published with advice on how “brick and mortar” retailers can differentiate their physical stores from Amazon’s encroaching online business.  Among other things, these articles push personal-level customer experiences, such as workshops, wine tastings, and unique social events that cannot be provided through Amazon’s website. All of these ideas are wise and good, but retailers should remember that when it is time to get a loan or refinance, the lender…
    The default section in a lease lists the set of conditions upon which a landlord may terminate a lease or tenant’s right to possession, as well as landlord’s remedy.  The default remedies are significant and can severely impact a tenant.  This section should be reviewed to minimize the risk that landlord will be able to ever put tenant in default and seek a remedy. Default Triggers are Stiff The default provision typically will say that a default occurs in the event tenant fails to pay rent when due or with a few days of when due.  Having a…
  Not all retail tenants can get a landlord to agree to a co-tenancy provision, but this still should be part of the tenant’s discussion with its broker or landlord.  A co-tenancy provision allows a tenant to pay a reduced amount of rent when certain conditions are not met either before the store opens or once the store is operating.  Usually, the condition is that certain other stores, such as anchors, or a certain percentage of stores in the center have to be open for business.  For example, if a certain anchor tenant plus 70% of the remaining space in…
  The Moorhead Law Group, LLC is pleased to announce that Midwest Real Estate News has selected the firm as one of the “Best of the Best” for 2018, placing the firm among the top regional law firms for real estate.   The Moorhead Law Group, LLC is Chicago-based, founded in 2012.  We primarily represent tenants across the U.S. in negotiating retail, restaurant, fitness studio, entertainment, school, office, and industrial/warehouse leases. We love working alongside clients to help their businesses grow. Clients range from entrepreneur start-ups to Fortune Top 10 multinationals.    Jamie Moorhead was formerly a partner in a large…
  I spoke at the Outdoor Retailer Summer and Winter Markets in Salt Lake City in 2010 and 2013 and know about the unique store operation concerns that outdoor retailers have.  With the 2014 Outdoor Retailer Summer Market going on now in Salt Lake, this is a great time to briefly mention how these concerns can be handled in your company’s retail leases: Retail vs. Storeroom Rent   Outdoor retailers may need significant storage for inventory.  While some retailers can place virtually all of their product on the showroom floor, outdoor retailers may need basements or other storage areas to house…
  There almost always is a section at the end of a lease labeled ‘Miscellaneous’ into which shorter provisions that do not warrant their own section are dumped.  Do not let the ‘Miscellaneous’ label or the random assortment of topics fool you.  These are important, and each one should be reviewed carefully.  In no particular order, here is a brief discussion of four topics that usually appear in this section: Attorney’s Fees A lease should contain a ‘prevailing party’ provision regarding attorney’s fees.  In the event of a dispute between landlord and tenant that results in litigation or other action,…
  In my nineteen years of experience handling about 700 leases, there has only been one instance in which the holdover provision was triggered.  It remains, however, an important provision to protect a tenant at the end of the lease term.  A holdover provision provides landlord a remedy in the event the tenant remains in the leased premises, or ‘holds over,’ after the end of the lease term.  The holdover provision will provide landlord remedies in the event the tenant does not timely vacate by the end of the term.  Holdover Remedy Landlords typically will require tenants to pay 200%…
    The default section in a lease lists the set of conditions upon which a landlord may terminate a lease or tenant’s right to possession, as well as landlord’s remedy.  The default remedies are significant and can severely impact a tenant.  This section should be reviewed to minimize the risk that landlord will be able to ever put tenant in default and seek a remedy. Default Triggers are Stiff The default provision typically will say that a default occurs in the event tenant fails to pay rent when due or with a few days of when due.  Having a…
  A security deposit is the landlord’s attempt to mitigate the risk of a tenant that cannot, or will not, honor its lease obligations.  A landlord will review a prospective tenant’s financial statements, operating history, and reputation to determine this risk.  Tenant’s Business History Will Drive the Deposit Amount If the prospective tenant’s business is relatively new or its financial statements are not robust, this may drive a higher security deposit.  If the tenant has had financial or operational troubles in the past, a landlord may want to hedge its risk by requiring a larger security deposit.  A tenant with…
  Not all retail tenants can get a landlord to agree to a co-tenancy provision, but this still should be part of the tenant’s discussion with its broker or landlord.  A co-tenancy provision allows a tenant to pay a reduced amount of rent when certain conditions are not met either before the store opens or once the store is operating.  Usually, the condition is that certain other stores, such as anchors, or a certain percentage of stores in the center have to be open for business.  For example, if a certain anchor tenant plus 70% of the remaining space in…
  The indemnification, release, casualty, condemnation sections are highly technical and are somewhat dependent on the law of the state which contains the leased premises. Indemnification The exact language for the indemnification will depend on the individual state law.  The lease ideally should contain mutual indemnifications between landlord and tenant that exclude the negligence and willful misconduct of the other party.  The landlord may want tenant to indemnify the landlord even in cases in which the landlord is negligent.  The basis for landlord’s position regarding this usually is that the tenant’s insurance should still apply even in cases of the…
  The Moorhead Law Group, LLC is pleased to announce that Midwest Real Estate News has selected the firm as one of the “Best of the Best” for 2018, placing the firm among the top regional law firms for real estate.   The Moorhead Law Group, LLC is Chicago-based, founded in 2012.  We primarily represent tenants across the U.S. in negotiating retail, restaurant, fitness studio, entertainment, school, office, and industrial/warehouse leases. We love working alongside clients to help their businesses grow. Clients range from entrepreneur start-ups to Fortune Top 10 multinationals.    Jamie Moorhead was formerly a partner in a large…