Commercial landlords should carefully draft recapture provisions in leases if they seek to hold assignors of the lease liable for a breach of the covenant to pay rent by the assignee.

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California State Legislature passed Senate Bill 332, adding to Civil Code as section 1947.5, allowing landlords of residential property to ban smoking tobacco therein as of January 1, 2012.

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If your business is continuing to suffer, is there any way to get out from under what may now appear to be an unfavorable lease?

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