D

DBA: Abbreviation for 'doing business as'. Represents a tenant's trade name, as opposed to the legal name of the tenant's business.

EXAMPLE: Smith Enterprises is the legal name for Joe Smith's hot dog restaurant at Ellipsis Mall. Joe is concerned that customers will not know the nature of his business if he uses that name as the name for his restaurant. Therefore, Joe decides that his DBA name should be Joe's Hot Dogs, which is the name that will appear on the sign above his restaurant.

Default: The non-performance of a lease obligation by the landlord or tenant. An act of default may be either monetary (i.e., failure to pay rent when due) or non-monetary (i.e., failure to provide a certificate of insurance). In certain instances, the lease may allow the non-defaulting party to cure the default of the defaulting party, and either billing the defaulting party for costs incurred therein or allowing the non-defaulting party to offset costs incurred to cure against other amounts due pursuant to the lease.

EXAMPLE: ABC Tenant is late paying their Base Rent at Ellipsis Tower. The Landlord sends ABC written notice that they must timely pay their rent. If ABC fails to pay the Base Rent within 5 days after receipt of the notice, they are in Default under the lease because the lease contains a clause that the tenant has 5 calendar days after receipt of notice from Landlord to cure monetary defaults.