Online Alerts

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...

Craft Indemnification Clause that Protects Your Interests

December 7, 2016    

When you lease space from the owner of a shopping center or office building, it’s impossible to predict whether you’ll experience the unpleasant repercussions of accidents, injuries, or criminal acts at the property, and—unfortunately—the owner might try to attribute...

Ask Owner for Payout Agreement in Tough Times

December 7, 2016    

If your business is located in an area where the local economy hasn’t been doing well, your sales might have been slow—and now you’re dealing with unexpected increases in year-end operating expenses, which are more painful than usual. There’s a solution that could work...

Shift Off-Site Traffic Improvement Costs to Owner

December 7, 2016    

If the owner of the shopping center where you lease space provides off-site traffic improvements, you should try to avoid paying for that. After all, these improvements—for example, special signage and lighting in areas leading to the property or a way to control the flow of vehicles into...