Feature Articles

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...

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...

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...

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...

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...

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...

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...

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...

Carve Out Right of First Refusal, Right of First Offer to Get Space You Need

July 31, 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...

Protect Interests When Subletting with Broadly Defined ‘Costs’

July 31, 2018

Subletting can be a useful solution for tenants that are trying to cut costs and don’t need all of the space they’ve leased. A considerable amount of available commercial space is sublet, particularly in office buildings. And tenants that sublet their space may recoup a profit, in...

Negotiating 'Partial Invalidity' Clause for Changed Circumstances

July 31, 2018

Q: I’m considering leasing space on the first floor of a mixed-use building that includes residential units. I’m concerned that if zoning laws change, I won’t be able to operate my business, but will still be on the hook for...

Dark Retail Space Showing Signs of Life

July 31, 2018

There’s good news for successful retail tenants that are concerned because they’re stuck in malls and shopping centers with many dark storefronts, which hurts foot traffic and limits the mall or center’s hopes of being a so-called “destination” center. The decline...