Q & A

Limiting Owner's Right to Monitor, Replace Guarantor

February 28, 2014    

Q: I’m negotiating a lease for space in a strip mall, and I’ve lined up a guarantor that meets the owner’s requirements. I used the negotiating points recommended in your last issue so that my guarantor will be let “...

Liability for Parking Restriction Disputes

February 28, 2014    

Q: I rent space in a strip mall where the tenants have assigned parking spots. Unfortunately, because parking is very limited, assigned spots are often used by people who are not entitled to park there. I’ve talked with the property...

Is Definition of 'Adjoined' Affected by Unusable Space?

January 31, 2014    

Q: I’m negotiating a lease for space in a strip mall, and I’ve asked the owner to promise in the lease that he won’t rent the space next to me to specific types of tenants, like liquor stores, that could make my business...

Negotiating Exceptions to Operating Covenant

December 20, 2013    

Q: I’m negotiating a lease that will include an operating covenant for space at a shopping center. How can I tailor the operating covenant so that I can close my store temporarily if I need to without defaulting on the lease?

Check Lease for Winter Weather Maintenance Obligations

November 26, 2013    

Q: Heavy snowfalls and icy conditions are common during the winter months in the area around the shopping center where I rent space. I’m aware that, under certain circumstances, I could be held negligent for slip-and-fall accidents on...

Getting Assurance That Anchor Tenants Won’t Go Dark

October 30, 2013    

Q: Although many retailers are finally recovering from the previously sour economy, that’s not the case for every shopping center or mall tenant. So I feel it’s more important than ever to protect myself from winding up in a...

When to Negotiate a Work Letter

September 27, 2013    

Q: I’m about to start negotiating a lease for office space that will require a substantial buildout by the owner before I move in. To protect myself, I’d like to negotiate a detailed, comprehensive work letter. I understand that...

Paying for After-Hours Lighting

June 28, 2013    

Q: My shopping center lease allows the owner to pass through the cost of lighting the parking lot during center hours. Some of the tenants—including my store—commonly stay open after center hours. The owner wants to charge us for...

Is Owner Entitled to Percentage Rent from My ATM Transactions?

May 30, 2013    

Q: I operate a “general store”-type business at my center. At the time I negotiated a “percentage rent” clause in my lease with the owner, I didn’t have an automated teller machine (ATM) in my space. I’m...

Negotiating Parking Lot License Agreement

April 22, 2013    

Q: I own a small retail store and would like to sell my products at other temporary locations once in a while to get more exposure. I approached a shopping center owner to ask whether it would agree to allow me to use space in its parking...

Setting Occupancy Requirements at Mixed-Use Development

April 22, 2013    

Q: What are some negotiating strategies I should know about when it comes to being a retail tenant in a mixed-use (commercial combined with residential) development?

Recognizing When Owner Violates “Implied Duty of Cooperation”

April 22, 2013    

Q: My lease gives me the option to renew after three years at the same rate plus applicable taxes. To decide whether to exercise the option, I need to know the amount of taxes I’ll be required to pay. But the owner of my building...