Negotiating Tips

Make Sure Temporary Rent Relief Exchanges Work Long Term

July 19, 2009    

The current state of the economy has prompted some struggling tenants to ask their owners for rent relief in exchange for giving back some of their lease rights. Monetary relief in exchange for these concessions may provide help for tenants in need, but it comes at a high price because it is at...

Be Prepared to Answer the Three Ws When Seeking Concessions

March 25, 2009    

If you've done everything you can to improve your business, but you're still struggling with the rent, you may have to ask the owner for some help. To improve your odds of getting a rent break or other concession, you should be thoroughly prepared at the outset.

Use New Laws to Negotiate Favorable Leases

January 1, 2009    

The push to “go green” is changing the face of commercial real estate. Across the nation, government agencies at all levels are encouraging property owners to improve the air quality in their buildings and make them more energy efficient. As a result, you may be able to use the green...

Get Guaranty to Back Owner Incentives

November 30, 2008    

Owners across the country are sweetening the incentives they offer to tenants. For example, New York City-based Cohen Brothers Realty Corp. recently offered a year of free rent to any tenant that leases space in any one of its three towers, which have significant space available for lease. Other...

Limit Your New Lease Obligations After Assignment

October 28, 2008    

As a commercial tenant, you may one day want to assign your space—that is, transfer your space and rights to another party. To get an owner's consent to an assignment, you'll probably have to agree to continue being responsible for your original lease obligations.

But what...

Get Key Info Before Negotiating Lease

August 31, 2008    

When you find an attractive shopping center space that you're interested in renting, the center's owner or manager will probably give you a leasing package. Unfortunately, the leasing packages that owners give to prospective tenants don't always contain all of the key information...

Ask for ‘Seasonal’ Rent During Tough Times

August 31, 2008    

If you're a retail tenant struggling to pay rent, you should ask the owner to allow you to pay rent based on a “seasonal” rent schedule, says Toronto attorney Stephen J. Messinger. Seasonal rent is a payment arrangement that focuses on your annual gross sales cycle.

What to Expect When Requesting Payout Agreement

June 30, 2008    

Depending on what kind of business you run, the slowdown in consumer spending could be directly affecting your bottom line—which may make dealing with unexpected increases in year-end operating expenses more painful than usual.

In general, most owners are also feeling the financial...

Five Tips for Negotiating Your Lease Renewal

May 31, 2008    

When your lease is up, if you are on good terms with the owner, you might assume that the renewal terms offered will be reasonable. But given the tight economy, don't be surprised if your owner banks on the likelihood that its tenants would rather not deal with the costs and hassle of...

Get Projected Pass-Through Costs in Writing Before Signing Lease

May 31, 2008    

After negotiating the terms of your lease with the owner, you'll probably feel as though you know exactly what's expected of all parties involved during the lease term. While most of the provisions in the lease clearly define tenant and owner responsibility, operating expense pass-...

Don't Get Burned by Hidden CAM Costs

April 30, 2008    

“Do you know the difference between education and experience? Education is when you read the fine print; experience is what you get when you don't.”

So said Pete Seeger, the American folk singer famous for writing the ’60s song “Turn, Turn, Turn.” And the...

How to Secure Owner's Consent to Assignment

April 30, 2008    

In an uncertain economy, you may want—or need—to exercise your right to assign your lease. While the law varies from state to state, in general, an owner is not required to grant its consent to an assignment of a lease unless the lease specifies that the owner cannot unreasonably...