Q & A

Deducting TIA from Owner's Damages

December 23, 2015    

Q: I signed a lease for office space, but due to unforeseen problems with my company, I had to back out of the deal shortly before moving into the space. The lease provided for a substantial tenant improvement allowance (TIA) because the...

Allocate Risk of Business Interruption to Owner

November 24, 2015    

Q: I am negotiating a lease for space in an area where it seems that the city is often doing construction. There is at least one big public works project that will begin near the space in the next few months. It could interfere with the ease...

Clearly Defining Replacement Tenant in Cotenancy Clause

October 30, 2015    

Q: I’m negotiating a lease for space at a shopping center. I would like the cotenancy clause to provide that a specific well-known retailer that takes up a large space in the center must be replaced with a “major tenant” if...

Does Necessity of Future Alterations Negate Consent Requirement?

August 31, 2015    

Q: The owner of space I lease in a shopping center is aware that as a franchisee of a large restaurant chain I’m required to update the space at intervals designated by the corporation. There’s even a reference to the required...

Keep Track of Whether Co-Tenancy Right Has Been Triggered

July 30, 2015    

Q: I’m in lease negotiations for space in a shopping center that has had some tenant turnover recently. My business is good for the center’s synergy, and it seems like I’ll be able to use that bargaining power to get a co-...

Avoiding Disputes Over Forged Lease Documents

May 15, 2015    

Q: The negotiations for my office space lease are over and all that’s left is signing the actual paperwork. The owner’s attorney has mentioned signing this document—and any documents going forward—"digitally....

Asking Owner to Help Increase Foot Traffic for Holiday Season

September 26, 2014    

Q: I’m looking forward to the upcoming holiday season, when my business typically has more customers—and higher profits. But the owner of the center where I rent space doesn’t go to any great lengths to encourage foot...

Determining Obligation to Pay for Capital Improvements

July 31, 2014    

Q: There are several retail tenants in the building where I rent space. The owner plans to convert the building to a condominium building with both commercial and residential units. He sent notices to the tenants announcing the plan and...

Negotiating for ‘Abatement,’ Not ‘Set-Off’ in Lease

June 27, 2014    

Q: I’m contemplating signing a lease that will require me to construct my own building at a shopping center and require the owner to pay a construction allowance within a certain period of time after I open for business. I’ve...

Going Green to Boost Your Bottom Line

May 30, 2014    

Q: I’ve been trying to assess the benefits of “going green.” Some other tenants I’ve talked to have made green changes, both minor and major, with varying results in cost savings. I’m worried that after all of...

Preparing for Lease Renewal Negotiations

April 25, 2014    

Q: My lease is almost up, and I’m on good terms with the owner of my retail space. I don’t want to assume that the renewal terms offered will be reasonable. How can I prepare for a situation where the owner might offer renewal...

Making Sure Data Center Is Specialized to Your Needs

March 31, 2014    

Q: I lease space in an office building for my day-to-day operations, but I’d like to move our computer equipment off-site to a data center that’s specifically set up to handle the needs of sensitive technology. What should I look...