Q & A

Staying Within 'Prescription Period' to Sue for Co-Tenancy Violation

May 24, 2018    

Q: Because I own multiple businesses, it’s easy to lose track of things like co-tenancy requirements. After the owner of...

Determining Likelihood of Injunction After Exclusive Waiver Is Declined

March 29, 2018    

Q: I signed a lease for space at a shopping center for my business, which sells a variety of entertainment products. At the time I signed the lease, my business didn’t carry toys. Because variety stores typically do sell toys, the...

Taking Two Steps to Find Solid Retail Space

January 31, 2018    

Q: As a first-time business owner, I’ll be looking for retail space in a shopping center. What should I be aware of when visiting properties and before signing a lease?

A: ...

Put Onus for Weather-Related Repair Costs on Owner

October 31, 2017    

Q: A couple of years ago, a hurricane damaged much of the shopping center where I lease space. My business had to shut down, but the owner tried to avoid paying to fix any damage so I could get up and running again. I don’t pay...

Don't Rely on Owner's Summary of Exclusives at Center

September 28, 2017    

Q: I’m considering leasing space in a large shopping center where I suspect many tenants already have exclusive use clauses. I need some reliable way of determining whether those rights will affect my ability to sell certain products....

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...

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...

Drafting Limits on Guaranty in Lease

May 31, 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...

Meeting Requirements to Bring Claim to Trial

April 19, 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...

Following Rules During Post-Lease Tenancy

March 29, 2017    

Q: My retail business is in trouble, but instead of closing, I’m trying to find a buyer. The owner of the space has obtained an eviction order because I had defaulted on my rent obligations. Now, I’ve offered to pay the back rent...

Negotiating in an Uncertain Market

February 28, 2017    

Q: My business is expanding and has done well in what has become a “tenant’s market.” I worry that, given the current political climate, the market may become unsteady again. I’ll be looking at prospective retail...

Draft Rights and Remedies into Lease for Property Under Construction

January 31, 2017    

Q: I signed a lease for space in a building that’s still under construction. The owner has run into financial trouble and is halting construction—even though the work has already started and several tenants have committed to...