Protect Your Interests in Initial Construction of Leased Space

January 22, 2016    

By Amol K. Pachnanda, Esq.

Address Common Issues Before Signing Lease for Mixed-Use Space

December 23, 2015    

Mixed-use commercial property has become wildly popular in recent years. Mixing residential property and retail spaces has benefitted many owners and the people who live there. After all, residents have the ease of convenient shopping and dining literally at their doorsteps, and owners of this...

Protect Interests When Negotiating the 'New' Estoppel Certificate Clause

November 24, 2015    

Although it’s a common provision in leases, don’t make the mistake of agreeing to just any terms in the owner’s standard form language for the estoppel certificate clause. Changes in the economy and the need for increased flexibility on the part of tenants make it crucial to...

Request Representations and Warranties for Items Crucial to Operation

October 30, 2015    

Even if a space seems to be perfect for your office or retail business, it could have flaws that won’t pop up until after the lease is signed, and you have little or no recourse against the property’s owner. That’s why it’s important to remember that your lease...

Narrow Owner's Proposed Charges in CAM Clause

September 30, 2015    

Especially for tenants who haven’t negotiated many leases, the common area maintenance (CAM) clause may seem like one of the more standard, largely predetermined sections of your lease. After all, it looks like just an itemized list, and the owner of the space you plan to rent may have...

Get Termination Right that Won't Damage Business in the Long Term

August 31, 2015    

Unfortunately, some businesses, especially start-ups or local independent businesses, ultimately fail in the location where they’ve rented space. A move to less expensive space, space that would work better for a tenant’s business model, or space with more foot traffic or better...

Guard Assignment, Subletting Rights with Permitted Transfer Clause

July 30, 2015    

By Amol K. Pachnanda, Esq.

Tailor 'Damage and Destruction' Clause to Protect Your Interests

June 26, 2015    

U.S. storms, floods, and tornados have caused massive destruction in the last year alone, leaving billions of dollars in damage to property—including office buildings, malls, and industrial complexes—in their wake. Extreme weather not only puts businesses on hold until properties are...

Negotiate Responsibility for Capital Improvement Expenditures in Lease

May 15, 2015    

In order to make a building or shopping center operate efficiently, owners must from time to time make “capital improvements”—that is, improvements that have a relatively long “useful life” and which the owner can depreciate for tax purposes. Things like repaving...

Negotiate Nine Tax Protections in Your Lease

April 17, 2015    

By Glenn S. Demby, Esq.

One of the key economic questions any commercial lease must address is whether the tenant is responsible for paying real estate taxes on the property and, if so, how much. More often than not, tenants agree to accept tax liabilities, but because of the...

Protect Your Interests When Owner Refinances Property

March 31, 2015    

You may not realize that a commercial property owner’s decision to refinance, purchase new properties, or tap existing properties’ equity for operating capital could affect you, too. But if the owner of the property where you lease space is using its building or center as collateral...

How to Use Outside Resources for Finding and Leasing Space

February 27, 2015    

Finding and leasing a commercial space that fits both your needs and your budget is one of the most daunting aspects of running a business. Trying to do so without the help of professionals can be time consuming and may result in the wrong space or a bad deal. But with the right resources and...