If you are a business owner and in the process of negotiating the terms of your commercial lease, you will want to be sure to include an exclusive use clause to the document and negotiate the terms with the landlord. Exclusive use clauses are intended to protect a tenant’s business by ensuring that the named tenant is the only tenant in a particular shopping center that can sell or offer to sell specific products or services. In some cases (generally, where a tenant has more bargaining power), an exclusive use clause may extend to any other properties owned by the landlord or an affiliate of the landlord within a certain radius.

In Kentucky, the arrival of spring is unfortunately accompanied by wild weather. Tornadoes and flash flooding can happen without a moment’s notice. You cannot stop severe weather but, you can prepare for it. When disaster strikes, property and casualty insurers must spring into action with disaster response plans. How quickly an insurer can help return someone’s life back to normal is largely dependent on how well you, the insured, are equipped to weather the storm. Here are some tips to help you plan for the unexpected:

When I was looking for my first apartment, I was a student, had little money and was far from an ideal tenant. Luckily, my parents co-signed on the lease and I was handed the keys to my new place. At the time, I had no idea what risks my parents were taking by putting their signature next to mine on that lease agreement. Now, as a real estate attorney, I often see people co-signing on mortgages – generally a much bigger financial obligation than an apartment – and I wonder if they have considered the hazards associated with signing their name on the dotted line. Not every co-signing situation ends badly, and some work out with no problems at all, but there are times when a co-signor bites off more than they can chew and, as a result, are left with a very bad taste in their mouth from the whole closing process. If you are thinking about serving as a co-signor, I urge you to consider the following:

Many landlords enforce a “no pets” policy in their rental units – and for good reason. Pets can be destructive, frighten other tenants, and increase landlords’ liability exposure. Such a policy, however, can be discriminatory to those with disabilities. While most landlords understand their obligation to make an exception for service animals, not all know what to do when a tenant requests to keep an emotional support animal (“ESA”) in their unit.

In communities that have adopted zoning regulations, boards of adjustment serve as a relief valve that can allow for the use of property that is not otherwise permitted under the property’s specific zoning category . Boards of adjustment have the power to grant dimensional variances, which are deviations from the dimensional requirements of a zoning ordinance pertaining to height, width, location of structures, or setbacks. For example, if a property owner wants to build or extend a structure within the required side, front or rear yard, she can appeal to the board to request permission to build closer to the property line. Applicants for a variance must show a need for the variance and that they are not unnecessarily trying to circumvent the zoning regulations. An unusually shaped lot or other unique physical characteristics of the particular property that make it hard to comply with the setback or height requirements are typically justifications for a variance. In one Kentucky case, the appellate court found that it was appropriate to grant a variance to allow building a house closer to the street because there was a sinkhole in the rear yard that prevented building the house farther back. When a board grants a variance it must make certain statutorily required findings of fact. Variances run with the land, so subsequent owners acquire the benefit without further approvals.

You have likely seen the commercials for reverse mortgages. While the advertisements urge viewers to “call now to secure you reverse mortgage today” and make them seem risk-free, obtaining a mortgage of this type is a serious decision that should not be made without fully understanding its pros and cons.

Whether to allow residential tenants to keep pets on property is a tough choice for landlords. On one hand, it can mean additional rental fees; on the other, it can result in damage to the units and, in Kentucky, increased exposure to legal liability.

Modern technology and our ever-changing economy   are causing more people to consider starting up or basing their existing businesses from home.  Many communities have embraced this concept and have enacted zoning regulations that make it easier to do just that.  Some jurisdictions, however, still have regulations on their books that make operating a business from home a real challenge.  Regardless of where your community falls on this spectrum, it is important to know what the rules are before you start operating a business from your residence.  If you live in a community without any zoning regulations you can do just about anything you want to on your property but it is advisable to check to make sure there are no recorded restrictive covenants that limit or prohibit non-residential or commercial activities in the subdivision.  Assuming that there are zoning laws that apply to the property, or if you are uncertain whether your area is subject to zoning, the first step is to call the local government.  There are many different names for the division of government that may regulate such matters, such as building inspection, codes and permits, or the zoning office, but if you call the general city or county  number and explain what  you need to know, they will direct you to the right place.

Potential home buyers can spend years saving for a down payment, months creating a budget, and weeks looking at properties before making the plunge. Too often, though, they overlook a crucial step on the path to purchase: checking their own credit report and credit score. Your credit report and credit score could be the keys to unlocking that white picket fence to your new home. Let’s take a look at why this is so important.

As a real estate attorney, I am frequently asked by clients to provide a “general form” with boilerplate language that can be used for a lease or contract, whether it be for a commercial or residential property. Alternatively, clients turn to the Internet for one of these one-size-fits-all forms. I cannot fault clients for their desire to have a form that can be used in all situations, but the truth is that no such handy-dandy form exists. If it did, the job of a real estate attorney would be much easier!