Feature

Focus on Buildout Provision When Negotiating for New Space

January 31, 2017    
Many times, office or retail spaces—and especially those that are in brand new office buildings or shopping centers—aren’t built out beyond being so-called “plain vanilla box spaces,” which typically include ceilings, lighting, plumbing, heating and cooling equipment (...
Plugging Loopholes

Include Three Requirements When Negotiating Lease’s Exclusive Use

January 31, 2017    
Typically, when a retail or restaurant tenant looks at prospective space in a shopping center, it wants to know about the other tenants. After all, synergy—the way that tenants’ uses work together to be beneficial for all of them—and competition are keys to success in that center...
Traps to Avoid

Avoid 'Promissory Estoppel' Claim for Prospective Space

January 31, 2017    
While touring office building or shopping center spaces, a tenant may get enthusiastic about a particular space or deal, and begin to talk about the property as though it’s already planning to move in. Tenants sometimes do this when they have competition and want the owner to keep them in...
Q & A

Draft Rights and Remedies into Lease for Property Under Construction

January 31, 2017    
Q: I signed a lease for space in a building that’s still under construction. The owner has run into financial trouble and is halting construction—even though the work has already started and several tenants have committed to leases, including handing over deposits and making...
Dos & Don'ts

Stay Out of Shadow of Other Tenant's Advertising

January 31, 2017    
Many commercial leases include language that limits the size of billboards and signage on the roof or exterior, or in the common areas of the office building or shopping center. But tenants sometimes forget to negotiate restrictions on the content of those billboards and signs. It’s a mistake...
Dos & Don'ts

Don't Get Stuck with Inaccurate Water Bills

January 31, 2017    
Disputes over things as seemingly insignificant as the amount of utility bills at a commercial property can result in protracted litigation. Water costs are especially confusing; an owner’s failure to install water meters for each unit on the property and bill tenants individually for usage...
Tenant Wins

Foreseeability of Tenant’s Denied License Put Risk on Landlord

January 31, 2017    
Facts: In order to open and operate a daycare under state law, Florida daycare tenants must first sign a lease for space before applying for a license to operate the business. A daycare executed a five-year commercial lease for two store spaces in a shopping center while it applied for and waited...
Feature

Protect Yourself from Being Blindsided by Owner's Billing Delays

December 22, 2016    
In addition to rent, tenants are typically responsible for costs or fees. This can include overtime heating, ventilating, and air conditioning (HVAC); parking charges; common area maintenance; taxes; or insurance. You might think that if you’ve specified the way they are calculated in the...
Plugging Loopholes

Ensure Right to Expand Use of Space

December 22, 2016    
Tenant synergy—that is, stores functioning together to draw shoppers that a center normally wouldn’t capture without them as a group—can make or break a tenant’s and a center’s profitability. That’s why savvy owners devise a strategy to have each tenant commit to...
Tenant Wins

Course of Conduct Let Tenant Off the Hook for CAM Costs

December 22, 2016    
Facts: A national clothing retailer signed a lease for space at a shopping center. Later, when the center’s owner tried to charge the tenant for center expenses, the tenant refused to pay. The tenant claimed that the lease doesn’t require it to pay for heating, ventilation, and air...
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