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Escalating Clause in pre-1975 lease

AQ
Anne Q. Pollack
Thu, Sep 11, 2025 2:29 AM

Please ignore my prior email! My apologies!

Here is my question. Appreciate any help!

In essence, are escalating clauses from leases dated before 1975 permitted after 1988?

The case law is clear about pre-1988 escalations – prohibitions on them are an impairment of contract.  But the case law seems less clear about whether they are prohibited post-1988.

Has anyone had experience with this and knows if there is a clear answer?

Many thanks!

ANNE Q. POLLACK | SENIOR COUNSEL
(She/Her)

TRENAM LAW
Dir: 727-820-3989 | Cell: 727-409-4371
200 Central Avenue, Suite 1600, St. Petersburg, FL 33701

Main: 727-896-7171  | www.trenam.comhttp://www.trenam.com/

WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Trenam Law containing wire transfer instructions, please call Trenam Law using previously known contact information and NOT
information provided in the email, to verify the information contained in the wire transfer instructions prior to wiring funds.

CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for
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please immediately notify us by reply e-mail, or by telephone at the direct dial number above and destroy the original transmission and its attachments without reading or saving in any manner. Thank you.

Please ignore my prior email! My apologies! Here is my question. Appreciate any help! In essence, are escalating clauses from leases dated before 1975 permitted after 1988? The case law is clear about pre-1988 escalations – prohibitions on them are an impairment of contract. But the case law seems less clear about whether they are prohibited post-1988. Has anyone had experience with this and knows if there is a clear answer? Many thanks! ANNE Q. POLLACK | SENIOR COUNSEL (She/Her) TRENAM LAW Dir: 727-820-3989 | Cell: 727-409-4371 200 Central Avenue, Suite 1600, St. Petersburg, FL 33701 Main: 727-896-7171 | www.trenam.com<http://www.trenam.com/> WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Trenam Law containing wire transfer instructions, please call Trenam Law using previously known contact information and NOT information provided in the email, to verify the information contained in the wire transfer instructions prior to wiring funds. CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail, or by telephone at the direct dial number above and destroy the original transmission and its attachments without reading or saving in any manner. Thank you.