Determine Right to Put Up Holiday Season Displays

Even if other tenants have put up holiday displays, you shouldn’t automatically follow suit. They might be long-standing tenants whose leases were entered into before the current owner bought the center, so it couldn’t prohibit them from setting up holiday displays or signs without prior approval. But the owner might be trying to prevent new tenants from doing so, in order to make sure all displays will reflect a certain aesthetic.

Before putting up a holiday display, check the signage provisions in your lease to see whether they bar you from putting up any kind of sign or display without the owner’s “prior written consent.” Typically, shopping center owners want to get control over all signs and displays, including holiday-themed ones. Many owners try to keep their right broad so they can use their discretion when approving signs.

In addition to using holiday displays to draw attention to your business, try to work with the center’s owner to increase foot traffic in the winter months. For a list of requests you can use to accomplish this, see “Asking Owner to Help Increase Foot Traffic for Holiday Season,” available to subscribers here