Online Alerts

Online Alerts



Carefully Spell Out Key Terms in Memorandum of Lease

November 9, 2018    

If the owner of the shopping center or office building where you lease space has financial difficulties, it may be dealing with one, or even several, liens filed against the property. If you don’t have priority if the owner becomes bankrupt, you could be dramatically affected, up to and...

Don’t Limit Space to Just Retail Purposes

November 9, 2018    

Selling products online is so much a part of many retailers’ business models 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...

Ensure Space Is Adequate for Size of Business

November 9, 2018    

Perhaps the most important thing at the outset of leasing space is to make sure that the size of the space you’re considering will physically accommodate your business. Just because a space is advertised as a certain number of square feet doesn’t mean that all of that square footage...

Lean on Key Lease Documents to Stop Owner from Disturbing Tenant Mix

October 19, 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...

Don't Get Left on Hook for Space After Changed Circumstances

October 19, 2018    

If you’re considering leasing space on the first floor of a mixed-use building that includes residential units, you might be concerned that if zoning laws change, you won’t be able to operate your business, but will still be on the hook for a multi-year lease. Owners typically...

Determining Tenant’s Repair Obligations Under Lease

October 19, 2018    

When leasing commercial space, there are a myriad number of things that can go wrong. Damage to the interior and exterior of your space should always be a concern. But if you automatically assume that the owner is responsible for damage to the property, this could be an expensive mistake. Many...

Should You Consider Leasing Space at Airport Mall?

September 14, 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. For example, airport retail is booming, turning what were once purely utilitarian terminals into...

Get Incentives Owner Promised Up Front

September 14, 2018    

It’s common for guarantors who will back up the obligation of tenants who default on their leases to be 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...

Failing to Pay Rent Could Terminate Month-to-Month Tenancy

September 14, 2018    

Q: After my lease for retail space came to an end, I stayed in the space without renewing the lease. The landlord continued to collect rent from me so I assumed I was then on an implied month-to-month tenancy. I started to negotiate a lease...

Negotiate One of Two Rights to Expand Space

August 10, 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...

Address ADA Violations Immediately

August 10, 2018    

Tenants have many responsibilities when it comes to the space they lease, and issues that aren’t of immediate importance, namely those things that turn a profit, can get lost in the shuffle. But don't be unconcerned about Americans with Disabilities Act (ADA) violations in your store...

Don’t Agree to Weaken Exclusive Use Right

August 10, 2018    

Exclusive use clauses can be formidable for owners, so it’s not unusual for them to agree to give this right to a tenant but weaken it by adding a “gross sales drop” requirement, which can kill an exclusive for the tenant. That’s because it puts the onus on you if there...