Feature

Protect Yourself from Paying for Mistakes That Aren't Your Own

November 30, 2016    
When you lease space from the owner of a shopping center or office building, it’s impossible to predict whether you’ll experience the unpleasant repercussions of accidents, injuries, or criminal acts at the property, and—unfortunately—the owner might try to attribute these...
Negotiating Tips

Use Two-Part Strategy to Escape Changing Neighborhood

November 30, 2016    
Depending on a variety of factors, demographics in the area surrounding a commercial property can shift and the tone of the neighborhood could change with it. If you’ve planned to operate in a certain space partly because of its impressive location, this decline in or change of the tone of...
Tenant Loses

Competing Restaurant Wasn’t ‘Similar in Concept’

November 30, 2016    
Facts: A restaurant with a 1950s American roadside diner theme leased space at a shopping center. Later, the owner signed a lease with a pancake house restaurant franchisee for space nearby. The tenant asserted that the new lease with the pancake restaurant violated a restrictive covenant in its...
Tenant Wins

Yellowstone Injunction Awarded to Give Longer Cure Period

November 30, 2016    
Facts: A tenant that operated a gym received a notice from the owner of its space ordering it to obtain the proper permits to operate its business, which were required by its lease. The tenant asked a New York trial court for a Yellowstone injunction, which would toll—that is, pause—the...
Feature

Negotiate for a Level Playing Field with Online Competitors

October 31, 2016    
With the wild popularity of online general-store retailers like Amazon and the steady numbers of individual brand retailers, it’s a guarantee that cyber shopping is here to stay. Online retailers also try to lure shoppers by offering quick or even free shipping and easy returns for...
Negotiating Tips

Negotiating HVAC Rights, Responsibilities

October 31, 2016    
While heating, ventilating, and air conditioning (HVAC) equipment used at office buildings and shopping centers is a basic day-to-day necessity for doing business, you shouldn’t take this issue for granted.
Q & A

Prepare for Eight Requests from Owner Giving Payout Agreement

October 31, 2016    
Q: My business is located in an area where the local economy hasn’t been doing well. As a result, my sales have been slow—and now I’m dealing with unexpected increases in year-end operating expenses, which are more painful than usual. The center has become a bit neglected and...
Dos & Don'ts

Don't Let Owner Pass Through Off-Site Traffic Improvement Costs

October 31, 2016    
If, like many shopping center tenants, your owner provides off-site traffic improvements, you should try to avoid paying for that. After all, these improvements—for example, special signage and lighting in areas leading to the property or a way to control the flow of vehicles into and out of...
Dos & Don'ts

Ask Owner to Specify Laws in Lease

October 31, 2016    
If you’re a tenant with a higher risk of causing environmental damage—such as a dry cleaner—than a traditional retailer, you’ll have to follow specific guidelines and be subject to certain environmental laws that other tenants aren’t. But allowing the owner of the...
Tenant Loses

Owner Could Withhold Consent to Reduced Rent Sublease

October 31, 2016    
Facts: Two guarantors promised to carry out the lease obligations of a restaurant tenant in the event that the tenant defaulted. The lease’s assignment and subletting clause required the tenant to get the owner’s consent to an assignment or sublet. After the tenant made partial rent...