Online Alerts

Get Approval to Sublet to Franchisee

April 13, 2017    

Both commercial real estate owners and tenants that are franchisees have control issues that come to the forefront when negotiating leases. Owners—especially those of retail centers—are under pressure to keep a winning synergy of tenants going while also honoring exclusive use and...

How to Continue Getting a Good Deal on CRE Space

April 13, 2017    

Even if your business is expanding and has done well in what has become a “tenant’s market,” you might still worry that, given the current political climate, the market may become unsteady again. If you’re looking at prospective retail spaces soon there are several ways...

Keep Evidence of Owner’s Intent

April 13, 2017    

If the owner of space you lease insists that you’re responsible for certain items and you disagree, make sure you have evidence of what is known as its “course of conduct,” that is, the pattern it has used with you when enforcing your lease. In some cases, an owner’s...

Ensure Recourse Against Faulty Environmental Assurances

March 17, 2017    

Most tenants can’t afford the expensive testing necessary to find out whether hazardous substances are present on the premises they plan to lease. Too often, tenants rely on only the owner’s representations that the space is free and clear of any hazardous substances. That can be a...

Make Sure Guarantor Has Funds to Pay

March 17, 2017    

If the owner of the space you plan to lease requires you to provide a guaranty, make sure that the guarantor has the funds to pay if you can’t. Occasionally, a guarantor will refuse to pay, and an owner is forced to go to court to resolve the dispute. But the threshold is low and...

Keep Competitors’ Signage at Bay

March 17, 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...

Negotiate Process of Finishing New Space’s Raw Interior

February 16, 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...

Don’t Overpay for Your Space’s Utilities

February 16, 2017    

Q: I’m a large tenant and my utility bills have the potential to be very high, particularly water. How can I be sure that I’m not being overcharged for water by the owner of the space I’m considering leasing?

Make Compliance Requirements Airtight

February 16, 2017    

Tenants with a higher risk of causing environmental damage—such as a dry cleaner—than a traditional retailer, will have to follow specific guidelines and be subject to certain environmental laws that other tenants aren’t. But allowing the owner of the property to keep these...

Avoid Unpleasant Surprise from Late Billing

January 12, 2017    

The costs that tenants are typically responsible for, in addition to rent, 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...

Get Flexibility for Complying with Laws

January 12, 2017    

If you’re a tenant with a higher risk of causing environmental damage—such as a dry cleaner—than a traditional retailer, you’ll have to follow specific guidelines and be subject to certain environmental laws that other tenants aren’t. But allowing the owner of the...

Add Two Protections to Commercial Condo Lease

January 12, 2017    

If you’re considering operating a restaurant in a commercial condo space, get the proper protections in your commercial condo lease. Because the space is subject to the governing documents of an association, there are several hoops to jump through, such as getting approval for improvements...