Feature

Fight Owner's Attempt to Change Nature of Tenants

September 28, 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 of...
Negotiating Tips

Use Center's Governing Document to Enforce Owner's Obligations

September 28, 2018    
In this issue of the Insider, we told you about how you can use your shopping center or office building’s governing document, called a reciprocal easement agreement (REA), to stop an owner from leasing space to tenants who disturb the tenant mix in a negative way. But the good news about an...
Q & A

Keeping Excess Rent from Sublet of Space That Breached Lease

September 28, 2018    
Q: I signed a lease with the owner of a storage space facility, but I no longer need that space because the owner of the shopping center where I run my business has offered to allow me to keep inventory there. I don’t want to incur costs from trying to get out of the lease for the facility...
Tenant Loses

Landlord's Promise to "Work on" Renewal Wasn’t Fraudulent Inducement

September 28, 2018    
Facts: A tenant rented space to operate its nail salon under a lease that was assigned to it by the original tenant. The lease provided for two additional five-year terms. In order to exercise a renewal option, the tenant had to give written notice 120 days prior to the end of the term stating that...
Feature

What to Consider Before Signing Lease for Retail Space in Airport

August 28, 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. Airports are no exception, with travelers—who are a captive audience—buying more than just...
Drafting Tips

Draft Airtight Termination Clause

August 28, 2018    
Owners of office building and retail space typically are very reticent to give a termination right to tenants in their leases. Owners run the risk of losing a large amount of money; allowing a tenant to get out of its lease early can render costly improvements and other expensive items associated...
Dos & Don'ts

Get Right to Use Space for Non-Sales Purposes

August 28, 2018    
So much retail business is done online that it’s common for tenants that are pulling in profits that way to use their brick-and-mortar spaces for purposes related to the business, but not to actually sell products. For example, depending on your business, if you have a successful website you...
Dos & Don'ts

Avoid Persistent Audits of Kiosk Sales

August 28, 2018    
Shopping center or mall owners that grant licenses to kiosks and carts to conduct business there will want to audit the books and records of a set percentage of those kiosks and carts each year to verify their gross sales. It’s not uncommon for kiosks and carts to submit gross sales...
In the News

Lawsuit Will Determine Whether CRE Firm May Dictate Use of Union Contractors

August 28, 2018    
A new lawsuit raises the question of whether an office building tenant should get to choose whether to use union contractors for its space, or whether the decision should be left up to the building’s manager. The federal lawsuit filed against real estate giant Jones Lang LaSalle by a Chicago...
Tenant Loses

Method for Determining Renewal Rent Must Be Sufficiently Definite

August 28, 2018    
Facts: A tenant that operated a market and deli entered into a lease for retail space. The lease was for five years ending in May 2016. The rental rate for the initial term was $5,500 for the first two years, and $6,000 for the remaining three years of the lease. The lease contained a renewal...