Commercial Lease Agreement Discussion Questions:
Review the Commercial Lease Agreement. Answer the questions below with a minimum of 200 words for each answer (a total of at least 1,200 words), and a total of at least three scholarly sources other than the textbook, cited in-text and in a reference list in APA format. While Question 6 directly addresses a Biblical worldview, such principles should also inform your answers throughout.
Add an APA-formatted title page, headers, and page numbers to your answers and submit the completed document through the SafeAssign link in the Assignments folder in Module/Week 4.
1. What is the distinction between a “commercial” and a “residential” lease? In a commercial lease agreement, should the law seek to protect the interests of the commercial tenant more than the interests of the commercial landlord? Why or why not?
2. Sections 5 and 6, respectively, impose on the commercial tenant the obligation of making repairs to the leased property, and of making alterations and improvements to the leased property. Should the lease impose these obligations on the tenant, or should such obligations be legally imposed on the commercial landlord? Explain your answer.
3. In the default provisions of Section 15, what is the landlord’s duty to “mitigate” damages? Should the landlord be required to mitigate? Explain.
4. Sections 2 and 19 discuss the creation of, and the parties’ rights in, the security deposit. Do these rights favor the landlord or the tenant? Is that appropriate? Why or why not?
5. Section 29 requires mediation, followed by arbitration, in lieu of litigation, to resolve disputes. What are the advantages and disadvantages of such a provision? How should the mediator and/or arbitrators be selected?
6. As a businessperson guided by a Biblical worldview, what changes would you make in this lease to make the terms comport more closely to Scripture?
Criteria Levels of Achievement Points Earned
Content Advanced Proficient Developing Not present
Substantive Analysis 42 – 46 points
• For each answer, substantive legal analysis and arguments are provided.
• Major points are stated clearly and supported by law and by thoughtful analysis.
• At least 3 scholarly and legal sources other than the textbook are properly referenced, cited, and integrated into the analysis.
• At least 2 separate Bible passages are fully integrated in the analysis. 39 – 41 points
• A basic analysis is provided in each answer.
• Most major points are stated clearly and supported by law and by thoughtful analysis.
• At least 3 scholarly and legal sources are referenced and cited, including the textbook, but may not be fully integrated into the analysis.
• At least 2 Bible passages are included, but are not fully integrated into the analysis. 1 – 38 points
• Issues are noted without in-depth analysis, or are not answered at all.
• Key points are merely summarized or are omitted, or are substantially unsupported.
• Fewer than 3 scholarly legal sources are used, or are not integrated into the analysis.
• Fewer than 2 Bible passages are included, with little or no integration. 0 points
• Questions in the assignment are not answered, and/or
• Analysis fails to include scholarly sources and Biblical worldview integration.
Completeness and Relevant Issues 22 – 24 points
• The majority of the lease provisions are noted and included in the analysis in each question.
• All of the issues are analyzed. 20 – 21 points
• Many of the relevant lease provisions are noted and included in the analysis.
• Many of the issues are analyzed.
1 – 19 points
• Significant and legally relevant lease provisions are omitted.
• Few legal issues are analyzed. 0 points
• No lease provisions are included or analyzed.
• No legal issues are analyzed.
Structure Advanced Proficient Developing Not present
Grammar and Spelling 12 – 13 points
Correct spelling and grammar are used throughout the paper. There are 0–2 errors in grammar or spelling that distract the reader from the content. 11 points
There are 3–5 errors in grammar or spelling that distract the reader from the content. 1 to 10 points
There are 6–10 errors in grammar or spelling that distract the reader from the content. 0 points
There are more than 10 errors in the grammar or spelling that distract the reader from the content, or demonstrates a complete lack or spellchecking or proofreading.
APA Format Compliance 12 – 13 points
There are 0–2 minor errors in APA format in the required in-text citations and reference list. 11 points
There are 3-5 minor errors in APA format in the required in-text citations and reference list.
1 to 10 points
There are more than 5 errors in APA format in the required citations, and/or required citations are missing.
0 points
Citations demonstrate no APA structure or are missing.
Word Count 4 points
The minimum word count of 200 words of substantive content is met or exceeded for each answer (1200 total). 3 points
Substantive word count is between 100 and 200 words for at least one of the answers. 1 – 2 points
Substantive word count is between 50 and 100 words for at least one of the answers. 0 points
There are fewer than 200 words of substantive content for all answers.