Guest Columnist
May 20, 2008
Stipulation of Square Footage in Lease Does Not Insulate Landlord from Measurement Fraud Claim
By DAVID W. CREEGGAN Many commercial leases, including American Industrial Real Estate Association forms, include a stipulation by the parties that the premises contain a certain number of rentable square feet and that such number will not insulate landlords from claims of fraud and misrepresentation when it is later discovered that the stipulated square footage was incorrect.
Many commercial leases, including American Industrial Real Estate Association forms, include a stipulation by the parties that the premises contain a certain number of rentable square feet and that such number will not be changed during the lease term, irrespective of any subsequent measurements of the premises. The California Court of Appeal, Second Appellate District, ruled thi...
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