C. An Overview of Regulatory Provisions:

The Landlord has both an interest in and an obligation to regulate the behavior of the Tenant and other tenants, invitees and entrants into an on the Property and Premises. These include use of the common areas, the parking lot(s), the means of ingress and egress, construction of new structures, construction or improvements within the premises, use of the premises of each and every Tenant and so forth. Sometimes, these may be done by specific limitations, rules and regulations contained in the initial lease. Sometimes, these may be by reservation of the right to promulgate rules and regulations in the future. Sometimes, these may be viewed as for the benefit of the Landlord, while at other times the Tenant may claim third party beneficiary rights in the promises contained therein.

There are other issues that may be directed at the behavior of the Tenant in the use of the specific leasehold Premises. These may go beyond the relationship of the Landlord and the Tenant and include other aspects of economic behavior, such as the hours of operation, the nature and quality of merchandise in stock, the days of operation, and the services that can be provided. Obviously, those activities, which negatively impact on the use and enjoyment of other tenants would be included in any primary list of regulated behavior.

These leases which are included within the materials demonstrate the increasing complexity of regulatory powers and obligations as the number of tenants increases and as the scale of the commercial complex grows.

Assignment: Select any one issue involving the regulatory aspects of tenant behavior of interest to you. Find a case on point and down load the case. Prepare a one-paragraph summary of the major facts of the case and prepare a two-paragraph summary of the major legal issues in the case and the holding(s) of the court. Submit the case for posting at lease two days prior to the scheduled class to permit the others in the class to peruse the summaries and cases prior to the class.

Find any Law Review or Trade Journal publication on the issue selected above, or any other issue and draft a one-paragraph summary of the article.