American Bar Association

ABA Section of Real Property, Trust & Estate Law



The Leasing Group is a dynamic, active and enthusiastic ensemble of six substantive leasing Committees, i.e. Retail Leasing, Office Leasing, Industrial and Warehouse Leasing, Ground Leasing, Emerging Issues and Specialty Leases, and Assignment and Subletting. Although each Committee is substantively independent, there is significant interaction between the Committees and their respective members. Throughout the year, each Leasing Group Committee conducts a one hour substantive telephonic program on a leasing "hot topic" germane to the Committee's focus. These calls are free and open to all members of the Leasing Group.

Bar Year 2013-2014 Leasing Group Teleconference Schedule:

Ground - September 25, 2013; Office - November 2013; Industrial - January 2014; Emerging Issues - March 2014; Assignment and Subletting - May 2014; and Retail - August 2014.

In addition to our Group calls, the Leasing Group presents the "Nuts and Bolts of Leases." “The Nuts and Bolts of Leases” is a bi-monthly conference call series designed to provide newly practicing lawyers, as well as those new to the leasing field, with a basic understanding of lease provisions and their sometimes unique application to various types of leases. Over the course of the series, the speakers will fully negotiate a commercial lease, from a landlord’s and tenant’s perspective, so that attendees may gain an understanding of the relevant issues.

Substantive legal issues in real estate leasing continue to evolve even in today's real estate market. Keeping apprised of current legal issues in the leasing community and the variety of responses to these leasing issues is a primary benefit of membership in the Leasing Group. Membership in the Leasing Group will enhance your leasing expertise. We invite you to become an active participant in our Group and its Committees.

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Upcoming Leasing Group Conference Calls


Leasing Group Call

~Presented by Retail Leasing Committee~

Foundations and Fridges and Floors, Oh My!

Determining Whether a Building Element is Structural

Date: Wednesday, August 27, 2014

Time: 4:00 p.m. CT; 5:00 pm. ET
Dial-in Number: 866/646-6488

Passcode: 557 741 9753

Howard Nagelberg of Barack Ferrazzano Kirschbaum & Nagelberg LLP in Chicago, Illinois, Joel R. Hall of The Law Offices of Joel Hall in Santa Rosa, California and Henry N. Pharr III of Horack, Talley, Pharr & Lowndes, P. A. in Charlotte, North Carolina will discuss the potential perils associated with drafting a lease that does not include a definition of – or a method to be used in determining – which elements of a building are structural.


~Nuts and Bolts of Leases~

I: The Lease’s Most Basic Terms: Parties and Premises
Going back to the roots of the Nuts and Bolts program, we have decided to run through the “big picture” of a lease agreement, and over the course of the series fully cover each of the major provisions contained in a lease and discuss how these provisions affect both land lord and tenant.

This month, we will discuss “The Lease’s Most Basic Terms: Parties and Premises.” Our discussion will focus on the Parties to the Lease: Land lord, Tenant, Guarantors and (indirectly) Mortgagees. Our speakers will discuss the basic motivations and core concerns of the parties, the nature of the landlord – tenant relationship and whether the lease is a contract or a demise of an interest in land. The speaker will also discuss issues related to properly describing the lease hold premises. Finally, the speaker will note the importance of confirming proper execution formalities.

Original call date, Wednesday, June 25, 2014

Speaker: Ben Weinstock, Ruskin Moscou Faltischek, P.C., Uniondale, NY

A full schedule and topics of new Nuts and Bolts of Leases series for 2014-2015 can be found below under Nuts and Bolts of Leases Materials.

*If you missed this call, you can access the recording here.

Audio File 5.4mb | MP3 Format]



Original call date, Tuesday, May 20, 2014

As part of the Leasing Group’s Nuts and Bolts series, the Assignment and Sublet Committee is presenting the fifth in its Anatomy of a Sublease series. For this session the participants will discuss incorporation by reference, a topic that can flummox the best of us. The panelists will discuss what should be incorporated, what shouldn’t be incorporated, and the grey areas. Incorporation requires a great deal of thought and depends in part on the situation (is this a partial sublease or a sublease of the entire premises) and the nature of the over lease (is it tenant-friendly or landlord-friendly). The panelists will walk us through the process and, among other things, answer the question: Can you incorporate half a sentence?

Panelists: Ira Meislik, Managing Principal, Meislik & Meislik, Montclair, NJ; Andrew Green, Partner, Kelley Drye & Warren LLP, New York, NY; and moderator Jack S. Levey, Plunkett Cooney, Columbus, OH

Audio File 6.3mb | MP3 Format]


Original call date, Tuesday, April 8, 2014

Shedding New Light on Lease Terms
Richard Frome, Marie Moore and Andrew Gardner will draw on an Emerging Issues and Specialty Lease Committee glossary project to lead a discussion of selected lease terms, staring with “force majeure.”

Additional resource:

Nuts and Bolts of Leasing: Repairs and Maintenance Clauses

Original call date, February 26, 2104

Speaker: Jim Henegan, Ruben, Firsel & Ross, LLC, Bannockburn, Illinois, will discuss Repairs and Maintenance Clauses.

The following materials are posted below under the Nuts & Bolts of Leases Materials:

  1. Introduction to Repairs and Maintenance Obligations in Leases;
  2. Tenant Form Repair and Maintenance Provisions;
  3. Landlord Form Repair and Maintenance Provisions;
  4. Office Form Repair and Maintenance Provisions.

Sub Committees  (click [+] for listing)

 Sub Committees

Section Programs, Meetings and Events

Section Events


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Moore, Marie

Council Representatives:

Marzullo, Jo-Ann


Dibbs, Scott

Committee Roster  

Modified by Adam Bielawski on July 23, 2014

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