Solar Leases: Landowners Beware

Payment provisions for commercial solar project leases are far from the only issue that needs to be addressed in lease negotiations. Some of the more serious issues presented include restrictions on the landowner’s use of the land, how much of the land will actually be utilized once the solar project comes to fruition (as this is often the basis for determining the payments) and what are the requirements for restoring the land once the solar lease terminates.

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Removing Unwanted Occupants

In Assouline v. Reynolds, the Court unanimously held the Landlord and Tenant Act cannot be used to remove an occupant when no landlord/tenant relationship existed.

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Do I Really Need to Disclose That?

Remember that more disclosure is usually better than less disclosure, and that disclosing items during a transaction is likely to be less risky (and far less expensive) than explaining the lack of disclosure in a deposition after the transaction.

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Clients and discrimination

It’s not preachy to tell your client that discrimination in housing is unlawful and subjects them to substantial adverse consequences. Remind him that your own participation in such a practice is unlawful and therefore you will not promote that practice.

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