Online Alerts

Online Alerts

Lean on Key Lease Documents to Stop Owner from Disturbing Tenant Mix

October 19, 2018    

Tenant mix is a key component of a shopping center or mall tenant’s strategy for financial success. This mix, also known as synergy, boosts foot traffic, increases the likelihood that customers will stay longer, and can make the property into a “destination” center. The types...

Don't Get Left on Hook for Space After Changed Circumstances

October 19, 2018    

If you’re considering leasing space on the first floor of a mixed-use building that includes residential units, you might be concerned that if zoning laws change, you won’t be able to operate your business, but will still be on the hook for a multi-year lease. Owners typically...

Determining Tenant’s Repair Obligations Under Lease

October 19, 2018    

When leasing commercial space, there are a myriad number of things that can go wrong. Damage to the interior and exterior of your space should always be a concern. But if you automatically assume that the owner is responsible for damage to the property, this could be an expensive mistake. Many...

Should You Consider Leasing Space at Airport Mall?

September 14, 2018    

Leasing nontraditional space can work out better for some tenants than traditional space would. Multiple types of nontraditional space have popped up and become available over the past few years. For example, airport retail is booming, turning what were once purely utilitarian terminals into...

Get Incentives Owner Promised Up Front

September 14, 2018    

It’s common for guarantors who will back up the obligation of tenants who default on their leases to be used for commercial real estate deals. But don’t forget that tenants aren’t the only parties that guaranties apply to. Getting a great deal on space is fantastic for tenants...

Failing to Pay Rent Could Terminate Month-to-Month Tenancy

September 14, 2018    

Q: After my lease for retail space came to an end, I stayed in the space without renewing the lease. The landlord continued to collect rent from me so I assumed I was then on an implied month-to-month tenancy. I started to negotiate a lease...

Negotiate One of Two Rights to Expand Space

August 10, 2018    

The economic downturn several years ago changed the commercial real estate market in many ways, most notably, in tenants’ need for space. Some tenants turned to trying to profit from online sales, which saved money on rent for physical space. Office tenants also tried to shore up losses by...

Address ADA Violations Immediately

August 10, 2018    

Tenants have many responsibilities when it comes to the space they lease, and issues that aren’t of immediate importance, namely those things that turn a profit, can get lost in the shuffle. But don't be unconcerned about Americans with Disabilities Act (ADA) violations in your store...

Don’t Agree to Weaken Exclusive Use Right

August 10, 2018    

Exclusive use clauses can be formidable for owners, so it’s not unusual for them to agree to give this right to a tenant but weaken it by adding a “gross sales drop” requirement, which can kill an exclusive for the tenant. That’s because it puts the onus on you if there...

Get Right to Complete Owner’s Unfinished Work

July 20, 2018    

Most tenants, whether in an office building or retail space, need at least some improvements in order to make the space usable. So it’s common for owners to agree to make and pay for even extensive improvements, through a tenant improvement allowance (TIA), to entice tenants to sign a...

Be Aware of Co-Tenancy Violation Prescription Period

July 20, 2018    

If you own multiple businesses, it’s easy to lose track of things like co-tenancy requirements. Unfortunately, you might run into a situation where the owner of the shopping center where you lease space for one of your businesses breaches the lease by not replacing a tenant that went out...

Don't Allow Limits on Subtenant, Assignee Signage

July 20, 2018    

Q: I am negotiating a lease for space that I will probably have to sublet or assign in the future. How can I avoid being barred from doing this later by the landlord?