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Demand That Owner Include Environmental Warranty in Your Lease

February 28, 2017    

Relying on oral assurances from the owner of your prospective commercial real estate space is risky. The consequences can range from you being aggravated—for example, if an adjacent tenant that was portrayed during negotiations as being quiet ends up compromising your right to quiet...

Focus on Buildout Provision When Negotiating for New Space

January 31, 2017    

Many times, office or retail spaces—and especially those that are in brand new office buildings or shopping centers—aren’t built out beyond being so-called “plain vanilla box spaces,” which typically include ceilings, lighting, plumbing, heating and cooling...

Protect Yourself from Being Blindsided by Owner's Billing Delays

December 22, 2016    

In addition to rent, tenants are typically responsible for costs or fees. This can include overtime heating, ventilating, and air conditioning (HVAC); parking charges; common area maintenance; taxes; or insurance. You might think that if you’ve specified the way they are calculated in the...

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...

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...

Take Three Points into Account When Drafting Arbitration Clause

September 30, 2016    

Seeking alternative dispute resolution (ADR)—specifically arbitration—as an alternative to litigation can potentially save time and costs for you and the owner of your commercial space, including the greater likelihood of final resolution due to the limited bases upon which a court...

Break Through Five Limitations on Your Exclusive Use Right

August 22, 2016    

Many tenants specialize in selling a particular product or in offering a specific service, and because that’s the sole way for them to turn a profit, it can be crucial to eliminate the chances for competing businesses to sell the same items, thereby diluting profits. While you don’t...

Negotiate Fair Rent Escalation Provisions for Life of Lease

July 29, 2016    

Ideally, commercial leases wouldn’t be subject to variables that could negatively affect both landlords’ and tenants’ profitability. In reality, inflation—which is impossible to predict with complete certainty—can affect the bottom line for both parties if it hasn...

Shift Obligations to New Tenant after Assigning Lease

June 29, 2016    

If you anticipate that an upcoming move might be necessary for your business but you need to renegotiate your lease that’s almost up so you can stay in the same space for now, you’ve probably explored the idea of assigning your lease to another tenant that wants the space. But don...

Protect TIA in Case of Owner's Mortgage Foreclosure

May 31, 2016    

Despite a steady economic rebound that has been confidence-inspiring for commercial real estate tenants, foreclosures still are a risk, particularly in regions that haven’t seen as much of an uptick as metropolitan areas. Tenants should continue to keep an eye on protecting heavily...

Make Sublet Deal Work for You

April 26, 2016    

Subletting your space can be a good option under a variety of circumstances: A better location for your business has popped up before your current lease will come to an end; your sales are suffering and you need to downsize; or your business model is shifting from a retail storefront to...

Transform Standard Lease to Green Agreement

March 24, 2016    

The initially slow-growing movement towards environmental sustainability in past years has become a full-blown way of life for many people, chief among them business owners. In fact, some retail tenants have either staked their business model on being “green” or have improved...

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