Commercial Tenant's Lease Insider

Feature

Negotiate Four Limits and Conditions in Owner's Recapture Clause

November 21, 2018    
Getting the right to “go dark”—that is, stop operating while continuing to pay rent—if your business isn’t generating enough revenue, is very valuable. That’s because going dark can save you the cost of stocking and staffing the space you rent, among other...
Q & A

Missing Deadline to Exercise Option Due to Employee's Error

November 21, 2018    
Q: The lease I negotiated with the owner of the space I rent has an option to purchase, so that I can buy the property after a certain number of years as a tenant. The notice requirements for exercising the options are very clear; however, as I’m expanding my business, I’ll probably...
In the News

Luxury Tenants Switch Tacks for Location, Lease Rights

November 21, 2018    
Luxury retailers, who traditionally have been less affected by market troubles, are now finding themselves with the conundrum of finding their niche within their niche. Changing consumer attitudes and rents outpacing sales are prompting these tenants to rethink how they brand themselves—to...
In the News

New Mall Leasing Model Gives eCommerce Retailers a Chance

November 21, 2018    
Retail brands that have done business exclusively online are getting the benefit of a low-risk entry into the brick-and-mortar world. Malls are providing these “digital native brands” with the opportunity to rent space without the typical lengthy commitment—offering what’s...
In the News

Retail Experts Clash with Small Business Proponents Over NYC Law

November 21, 2018    
The New York City Council is debating a bill it says could help storefront vacancy by giving small businesses a leg up on the competition. It held a hearing on the Small Business Jobs Survival Act, a bill that proponents say could help small businesses negotiate more equitable lease terms—in...
Tenant Wins

Jury Trial Needed to Determine Maintenance Responsibility

November 21, 2018    
Facts: A jewelry store tenant that leased space in a shopping center complained repeatedly about a sewage smell and mold problem in the store. It claimed that it was losing business. Its complaints were documented in multiple emails over the course of several months. For its part, the landlord had...
Feature

Carve Out Rights in Comprehensive Memorandum of Lease

October 31, 2018    
If the owner of the shopping center or office building where you lease space has financial difficulties, it may be dealing with one, or even several, liens filed against the property. If you don’t have priority if the owner becomes bankrupt, you could be dramatically affected, up to and...
Negotiating Tips

Negotiate Four Key Management Fee Pass-Through Issues

October 31, 2018    
Management costs for a commercial real estate property can be onerous for landlords. So your office building or retail space’s landlord, like many others, could try to collect its management costs by charging a management fee—that is, a fee that reimburses the owner for the costs it...
Tenant Loses

Lease Agreement Foreclosed Tenant's Ability to Collect Condemnation Award

October 31, 2018    
Facts: A large national retailer leased space in a shopping center that later had a major access point blocked by the state’s department of transportation as part of a “condemnation.” The landlord and tenant each asked the state for a “condemnation award.” The lease...
Feature

Fight Owner's Attempt to Change Nature of Tenants

September 28, 2018    
Tenant mix is a key component of a shopping center or mall tenant’s strategy for financial success. This mix, also known as synergy, boosts foot traffic, increases the likelihood that customers will stay longer, and can make the property into a “destination” center. The types of...