Q & A

Negotiating Right to Challenge Operating Expense Determination

January 29, 2019    

Q: I’m in negotiations with the owner of retail space I’ll be leasing. The operating expense provision is being heavily negotiated, mainly regarding specific items that I’ll be required to pay and those that will fall on the...

Missing Deadline to Exercise Option Due to Employee's Error

November 21, 2018    

Q: The lease I negotiated with the owner of the space I rent has an option to purchase, so that I can buy the property after a certain number of years as a tenant. The notice requirements for exercising the options are very clear; however, as...

Keeping Excess Rent from Sublet of Space That Breached Lease

September 28, 2018    

Q: I signed a lease with the owner of a storage space facility, but I no longer need that space because the owner of the shopping center where I run my business has offered to allow me to keep inventory there. I don’t want to incur...

Negotiating 'Partial Invalidity' Clause for Changed Circumstances

July 31, 2018    

Q: I’m considering leasing space on the first floor of a mixed-use building that includes residential units. I’m concerned that if zoning laws change, I won’t be able to operate my business, but will still be on the hook for...

Taking Important Factors into Consideration for Lease Renewal

June 28, 2018    

Q: My lease is almost up, and I’m on good terms with the owner of my retail space. I don’t want to assume that the renewal terms offered will be reasonable. How can I prepare for a situation where the owner might offer renewal...

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...