Commercial Tenant's Lease Insider

Feature

Perform Due Diligence to Avoid Additional Rent Surprise

December 18, 2018    
Making a profit from running your business at a mall or shopping center is the ultimate goal, and to further that, you might be lured by reasonable, or even low, base rent. But an affordable base rent figure is only as good as the total when you add incidental costs—which can be so high that...
Tenant Wins

Tenant's Yellowstone Injunction Appropriate Pending Outcome of Late Rent Claims

December 18, 2018    
Facts: A tenant rented space for its office on two floors of a building. When it attempted to exercise its option to renew its lease for an additional five-year term, the landlord offered to buy out the lease, but the tenant rejected the offer. A few weeks later, the tenant received a termination...
Tenant Wins

Landlord Must Pay for Tenant's Improvements Without Giving Express Consent

December 18, 2018    
Facts: A landlord leased so-called vanilla box space to a café tenant. The tenant was required to perform electrical work before it could open. Its contractor, an electrician, completed the work, and the landlord was informed that it had been done so the café could open. The tenant went out of...
In the News

Dispensary Tenants Can Have High Hopes for CRE Representation

December 18, 2018    
There’s good news for the growing number of marijuana dispensary tenants: A new survey of commercial real estate brokers who have done lease deals for space for these businesses reveals that—despite the difficulty of negotiating such leases—they would try again. So tenants won...
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...