Online Alerts

Protect Benefits of Your Retail Location

September 21, 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...

Nail Down Automatic Renewal’s Specific Terms

September 21, 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 agree to a vague automatic renewal clause, it can work against you.

Asking to Renegotiate Lease

September 21, 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...

Getting Exclusive Use Priority Over Other Tenants

August 24, 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...

Owner Must Have Realistic Expectations for Restaurant Tenant

August 24, 2017    

If you rent space for your restaurant, you might worry that nearby tenants could complain about odors and there could be a clash with the owner over this type of “nuisance.” But there’s good news from a Massachusetts trial court that determined that a tenant's use of...

Include Key Protections for Lease Guaranty

August 24, 2017    

Q: The owner of the space I’m considering leasing wants me to provide a guaranty. I’ve found a guarantor, but I want to avoid giving the owner unfettered power and make sure the guarantor is protected. Otherwise, what incentive...

Ensure Ample Parking for Customers and Employees

July 13, 2017    

One of the most important things a tenant needs to know before signing a lease is whether there will be an appropriate number of parking spots for its business—legally and practically. Even if there are enough spots legally—that is, according to the zoning code that applies to your...

Limit How Landlord Determines When Noise Becomes Nuisance

July 13, 2017    

If your business relies on loud music or other noise to attract customers, the owner of the shopping center where you’re looking to rent space may be concerned with noise disturbance issues. But when drafting lease language to address these disturbances, don’t let the owner make its...

Give Required Notice Before Ending Non-Lease Tenancy

July 13, 2017    

While most commercial leases are for several-year terms, some owners and tenants opt for a month-to-month tenancy. If your tenancy runs month-to-month without a lease, don’t assume that you can just pick up and move simply because this is a less restrictive deal than a lease. Make sure you...

Tailor Recapture Terms to Your Needs

June 15, 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. While both an assignment and sublet of a lease seem to be fairly simple ways to get rid...

Avoiding Trial for Damage Dispute with Owner

June 15, 2017    

Q: A provision in my lease for space in a retail center specifies that I must fix any damage to the elevator that I use as part of my business. The owner recently discovered that the equipment has been damaged, and it sent me a notice to cure...

Understanding Effects of Competing Tenant Exercising Option

June 15, 2017    

If, under your lease, you have a right of first refusal at a certain year to buy the space you rent at a shopping center if a third party makes an offer to buy it from the owner of the property, it might seem pretty straightforward. But if your right of first refusal is subject to another long-...