Feature

Negotiate Provisions That Take Advantage of Center’s Redevelopment Plan

August 30, 2017    

The advantages of leasing in a strip mall or shopping center, rather than a stand-alone building, are numerous: good proprietary signage, a desirable tenant synergy, convenient parking, and visibility. And savvy tenants make sure that these benefits—which may be a large part of the reason...

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...

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...

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...

Negotiate Four Key Items in CAM Reconciliation Clause

April 19, 2017    

If your lease requires you to pay annual common area maintenance (CAM) costs or operating expenses based on estimates that the owner calculates at the beginning of the year, you should be aware that, although this seems like a simple process in theory, in practice there are many pitfalls for...

Sublet to 'Approved Franchisee' Without Consent

March 29, 2017    

Both commercial real estate owners and tenants that are franchisees have control issues that come to the forefront when negotiating leases. Owners—especially those of retail centers—are under pressure to keep a winning synergy of tenants going while also honoring exclusive use and...

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...

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