Feature

Get 'Springing' Exclusive if You Lease Space in Exclusive-Free Center

July 31, 2017    
Exclusive use is not just a way to guarantee success for some tenants who want a monopoly so to speak on selling certain goods or services. It’s also a hotly negotiated lease right. Because it’s on the radar for most tenants during negotiations, you might expect that all centers have...
Drafting Tips

Make Rent Rate Work for You Throughout the Year

July 31, 2017    
Tenants that make most of their profits during certain periods of time during the year can struggle in their off cycles, when their product or service is in less demand of not feasible for them to provide at all. For example, a store that really benefits from holiday sales, or seasonal businesses,...
Q & A

Take Seven Steps to Keep Lease for New Location Flexible

July 31, 2017    
Q: I’m expanding my retail business and looking for prospective shopping center space. Although the other locations I operate have done extremely well, the new location captures a slightly different customer base. I want to make sure that I have flexibility if things don’t work out...
Tenant Wins

Tenant's Use of Cooking Equipment Permitted by Lease

July 31, 2017    
Facts: A sushi restaurant began operating in the basement space of a mixed-use brownstone building that included other commercial space and some apartments. It became apparent that cooking odors were wafting into the first-floor commercial space, which was vacant but being shown to prospective...
In the News

'Professional Tenants' Changing CRE Office Operations, Leasing Landscape

July 31, 2017    
Shared office space began several years ago as a way for sole proprietors, start-ups, freelancers, and telecommuters to get commercial space that fit their needs but was affordable with no long-term or expensive commitment. Now, it has exploded, as shared office space companies have expanded...
Feature

Draft Nuisance Provisions that Prevent Landlord from Limiting Your Operations

June 29, 2017    
The point of negotiating a lease that’s favorable to you is to ensure that the terms you’re required to operate under allow you to use your space in a way that’s beneficial for your business. But if your business generates noise, plays loud music, attracts customer lines or crowds...
Negotiating Tips

Negotiate Parking Provisions to Get Enough Spaces for Customers and Employees

June 29, 2017    
Unless your business is located in an urban center near mass transportation, parking should be a major discussion during your lease negotiations. Without adequate parking at the property where you rent space, your store or office probably won’t survive. Many owners just designate an area...
Tenant Wins

Landlord Couldn't Collect 'Additional Rent' Not Mentioned in Lease

June 29, 2017    
Facts: A shopping center owner and a restaurant tenant signed a lease for a certain amount of space. Under the lease, the tenant was required to pay monthly rent consisting of two components. The first component, called “Minimum Rent,” involved a flat, base amount calculated on the...
Feature

Keep Recapture Option Flexible for Future Needs

May 31, 2017    
Many leases will provide that if a tenant wants to assign the lease or sublease all or any portion of the space it leases, the owner will have the right to recapture—that is, take back—the space. In the context of an assignment, by which the tenant transfers to an assignee all of its...
Negotiating Tips

Negotiate Relocation Rights for Temporary Office Move

May 31, 2017    
You might think of tenant relocations as applying mostly to retail spaces. And relocations within malls and shopping centers are common because of lease rights that include tenants choosing which other particular tenants or types of tenants they want to be adjacent to or nearby in a center. If one...