Curbside Pickup: Revising Leases for Increased Common Area Use and Costs, Signage, Additional Insurance

Description

Continued indoor capacity restrictions in retail and restaurant spaces have led to the increasing use of curbside pickup. Whether it is a trip to the local hardware store or takeout from a restaurant, companies have adapted to their customers' needs and preferences to socially distance.

Current leases weren't executed in anticipation of a global pandemic and the extensive use of curbside pickups. The lease stakeholders, including landlords, tenants, and consumers, had little reason to consider the legal implications and risks with this practice. Landlords have to consider the issue of increased traffic, which may result in the need for increased maintenance of common areas and the potential for more accidents on the property. Likewise, the parties must consider whether curbsite pickup violates any local zoning, land use or private covenant restriction.

To make use of this option, most tenants will want clear and appropriate signage. Lease, covenant and local regulations may restrict the use of signs on the property. Counsel for all parties must consider how to amend the lease to accommodate all existing restrictions properly.

Listen as our expert panel provides best practices on amending leases and complying with regulations to continue properly providing curbside options to clients and allowing tenants to operate legally within a contractual and statutory framework.