A Primer on Landlord Exculpatory Provisions In Leases

Law Journal Newsletters

Lewis Rice attorneys Marisa L. Byram and Garrett L. Kinkelaar co-authored an article for Law Journal Newsletters on exculpatory provisions in a lease in Keystone Specialty Services Co. v. Ebaugh, 267 A.3d 1250 (2021), in which the Supreme Court of Pennsylvania find that the tenant's negligence claims against its landlord were barred by the exculpatory clause in the parties' lease. The authors conclude that courts may be more generous when interpreting words of general import, such as “any” or “all”, in commercial lease exculpatory clauses as opposed to indemnification provisions, and that a well-drafted exculpatory clause may afford protections to a commercial landlord, even from its own negligent acts.

To read the full article, click under "Resources" below. Note the article is for ALM subscribers only.

Marisa focuses her practice on all aspects of commercial real estate including sales, acquisitions, leasing, financing, and development. She represents national and local retailers, developers, lending institutions, and municipalities in connection with property assemblages, shopping center development, and leasing, including mall, center, and in-line retail, office, and industrial leases. 

Garrett represents private companies with regards to mergers and acquisitions, entity formation, restructuring, divestment, and general corporate matters. He has experience drafting, negotiating, and reviewing various transaction documents, including stock purchase agreements, convertible note agreements, shareholder agreements, intellectual property transfer agreements, software license agreements, professional service agreements, and non-competition agreements.