Feature

Get Self-Help Right if Owner Doesn’t Finish Work

April 22, 2013    
It’s common for owners to agree to make and pay for extensive improvements to entice tenants to rent a space. But tenants often run the risk that the work the owner has agreed to do won’t get done. And that can create costly problems for you and affect your operations. For example...
Q & A

Negotiating Parking Lot License Agreement

April 22, 2013    
Q: I own a small retail store and would like to sell my products at other temporary locations once in a while to get more exposure. I approached a shopping center owner to ask whether it would agree to allow me to use space in its parking lot for a “sidewalk sale”-type event. The owner...
Q & A

Setting Occupancy Requirements at Mixed-Use Development

April 22, 2013    
Q: What are some negotiating strategies I should know about when it comes to being a retail tenant in a mixed-use (commercial combined with residential) development?
Q & A

Recognizing When Owner Violates “Implied Duty of Cooperation”

April 22, 2013    
Q: My lease gives me the option to renew after three years at the same rate plus applicable taxes. To decide whether to exercise the option, I need to know the amount of taxes I’ll be required to pay. But the owner of my building wouldn’t give me the tax information; he said that he...
Tenant Wins

Tenant Triggered “Escape Clause”

April 22, 2013    
Facts: A mattress store tenant signed a lease with a shopping center owner for space next to a national chain grocery store. The monthly rent was $5,000. After the grocery store moved out of its space, the tenant stopped paying rent, gave a 60-day notice to the owner, and moved out. At that time it...
Tenant Loses

License Agreement Entitles Owner to Evict

April 22, 2013    
Facts: An owner licensed 24,000 square feet of retail space in its shopping center to a licensee to sell its merchandise. The owner later revoked the license, under which the licensee was required to leave the space in case of a revocation. However, the licensee refused to leave, and the owner...
Feature

Specify Owner Defaults, Your Remedies in Lease

March 27, 2013    
Tenants and owners typically negotiate lease responsibilities they think they can stick to. After all, violations of lease terms can be costly and, depending on what type of infraction is involved, time consuming as well. Despite an owner’s and a tenant’s best intentions, there’s...
Plugging Loopholes

Limit Owner's Alterations Right

March 27, 2013    
Most leases give the owner broad rights to alter or rearrange the building’s or center’s common areas, including entrances, passageways, corridors, doorways, stairs, elevators, and other public parts of the building or center. But while making such alterations, the owner may decide to,...
In the News

Food Trucks Scream for Ice Cream Reg Changes

March 27, 2013    
The increase in food trucks has been one of the hottest trends in the food service industry the last few years, according to the National Restaurant Association’s “What’s Hot in 2012” survey of professional chefs. Such trucks have become technologically advanced and bear...
In the News

"Dead Mall" Haunted by Misjudged Demographics

March 27, 2013    
The world’s biggest shopping center has been classified as a “dead mall.” Storefronts are predominantly vacant, there’s little foot traffic, and only a movie theater and indoor roller coaster still draw customers to what was designed to be an entertainment and shopping...