Q & 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...

Prepare for Eight Requests from Owner Giving Payout Agreement

October 31, 2016    

Q: My business is located in an area where the local economy hasn’t been doing well. As a result, my sales have been slow—and now I’m dealing with unexpected increases in year-end operating expenses, which are more painful...

Setting Realistic Standards for Returning Space

September 30, 2016    

Q: The owner of the office building where I rent space wants me to sign a new lease instead of renegotiating and amending the existing lease. This is the first time I’ve been asked to sign a new lease for the same space. I’d like...

Getting Proper Protections in Commercial Condo Lease

August 22, 2016    

Q: I’m considering operating my restaurant in a commercial condo space. 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 that...