Add Sign-Posting Requirement to Lease
Whether you’re an office or a retail tenant, it’s disruptive to your business if you relocate to another space in the building or center, either permanently or temporarily. But relocation creates a special problem for retail tenants: How will shoppers find them in their new space?
Don't risk being overlooked after a relocation that was the owner’s idea. You should require it to post signs at your original space and your relocation space notifying shoppers that you will be—or have been—relocated.
You also want the owner to announce your relocation in its marketing or promotional material, such as its newsletter, its website, and any ads that it may run. Also, try to get the owner to announce your relocation in the center itself, such as on stand-up cards on tables in the center’s food court.
To make sure shoppers can locate you, ask your attorney about adding the following language to the relocation clause in your lease that requires the owner, at its own expense, to post signage at both your original space and the relocation space:
Model Lease Language
In the event Tenant is to be relocated in accordance with this section, Landlord shall, at Landlord’s sole cost and expense, have professionally prepared and mutually agreed upon signs affixed to:
a. The original Premises announcing that Tenant will be relocating to the Relocation Space, the location thereof, and the approximate date on which said relocation shall take place. After Tenant has relocated to the Relocation Space, such signage at the Premises shall announce that Tenant has been relocated to the Relocation Space and specify the location thereof; and
b. The Relocation Space announcing the Tenant will be “coming soon” to the Relocation Space and the approximate date on which said relocation shall take place.
In addition, Landlord, shall, at Landlord’s sole cost and expense, include in its promotional newsletters, advertisements, and other appropriate marketing materials an announcement of Tenant’s relocation, including the location of Tenant’s Relocation Space and the approximate date on which said relocation shall take place.