Feature Articles

Negotiate Provisions That Take Advantage of Center’s Redevelopment Plan

August 30, 2017    

The advantages of leasing in a strip mall or shopping center, rather than a stand-alone building, are numerous: good proprietary signage, a desirable tenant synergy, convenient parking, and visibility. And savvy tenants make sure that these benefits—which may be a large part of the reason...

Avoiding Pitfalls of Lease Renegotiation

August 30, 2017    

Q: My business has been experiencing what I anticipate will be a temporary financial setback. I’m considering approaching the owner of the space I lease to ask for a renegotiation that would put things back on track. What are some...

Ask Owner for Space's Loss Factor Figure

August 30, 2017    

If the size of the space you’re considering leasing seems perfect, don’t overlook important issues like making sure that your business actually will physically fit the area. Just because a space is advertised as a certain number of square feet doesn’t mean that all of that...

Don't Agree to Vague Automatic Renewal Clause

August 30, 2017    

If a right to renew your lease is very valuable to you, you might agree to an automatic renewal clause if that’s what the owner insists on. But if you don’t nail down the specifics of the automatic renewal’s terms it can work against you.

Ensure Owner Delivers on Incentives

August 30, 2017    

Guarantors who will back up the obligation of tenants who default on their leases are widely 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, but if you...

Get 'Springing' Exclusive if You Lease Space in Exclusive-Free Center

July 31, 2017    

Exclusive use is not just a way to guarantee success for some tenants who want a monopoly so to speak on selling certain goods or services. It’s also a hotly negotiated lease right. Because it’s on the radar for most tenants during negotiations, you might expect that all centers have...

Make Rent Rate Work for You Throughout the Year

July 31, 2017    

Tenants that make most of their profits during certain periods of time during the year can struggle in their off cycles, when their product or service is in less demand of not feasible for them to provide at all. For example, a store that really benefits from holiday sales, or seasonal...

Take Seven Steps to Keep Lease for New Location Flexible

July 31, 2017    

Q: I’m expanding my retail business and looking for prospective shopping center space. Although the other locations I operate have done extremely well, the new location captures a slightly different customer base. I want to make sure...

'Professional Tenants' Changing CRE Office Operations, Leasing Landscape

July 31, 2017    

Shared office space began several years ago as a way for sole proprietors, start-ups, freelancers, and telecommuters to get commercial space that fit their needs but was affordable with no long-term or expensive commitment. Now, it has exploded, as shared office space companies have expanded...

Draft Nuisance Provisions that Prevent Landlord from Limiting Your Operations

June 29, 2017    

The point of negotiating a lease that’s favorable to you is to ensure that the terms you’re required to operate under allow you to use your space in a way that’s beneficial for your business. But if your business generates noise, plays loud music, attracts customer lines or...

Negotiate Parking Provisions to Get Enough Spaces for Customers and Employees

June 29, 2017    

Unless your business is located in an urban center near mass transportation, parking should be a major discussion during your lease negotiations. Without adequate parking at the property where you rent space, your store or office probably won’t survive. Many owners just designate an area...

Keep Recapture Option Flexible for Future Needs

May 31, 2017    

Many leases will provide that if a tenant wants to assign the lease or sublease all or any portion of the space it leases, the owner will have the right to recapture—that is, take back—the space. In the context of an assignment, by which the tenant transfers to an assignee all of its...