Online Alerts

Negotiate Right to Release Guarantor from Lease Later

February 7, 2019    

Using a guarantor to secure your lease obligations—if you aren’t as financially strong or experienced as the owner for the space you want to lease would like—can be the difference between doing business in a desirable location or having to set up shop elsewhere. One of the...

Ensure Time to ‘Cure’ Lease Violations

February 7, 2019    

Think twice before signing a lease that deprives you of a period of time to cure—that is, fix—an alleged lease violation. Otherwise, you could easily end up in default and subject to the owner's harsh default remedies, such as the right to evict you from your space.

Consider Five Tips to Negotiate a Better Renewal Lease

February 7, 2019    

Lease renewal time can be tricky for tenants of retail or office building space. Depending on several factors, for example, your leverage versus the owner’s power or the health of the local economy, you could find yourself in the unfortunate position of being offered terms that are less...

Get Key Documents, Info to Avoid Future Rent Surprises

January 9, 2019    

Making a profit from running your business at a mall or shopping center is the ultimate goal, and to further that, you might be lured by reasonable, or even low, base rent. But an affordable base rent figure is only as good as the total when you add incidental costs—which can be so high...

Limit Owner’s Audits of Your Kiosk

January 9, 2019    

Shopping center or mall owners that grant licenses to kiosks and carts to conduct business there will want to audit the books and records of a set percentage of those kiosks and carts each year to verify their gross sales. It’s not uncommon for kiosks and carts to submit gross sales...

Is Employee’s Mistake Fatal for Lease?

January 9, 2019    

If you’re expanding your business, you might choose to delegate some tasks, like leasing issues, to employees. But what happens if an employee who’s responsible for keeping track of lease dates and requirements doesn’t exercise one of your options exactly as specified in the...

Control Owner’s Right to Recapture Your Space

December 14, 2018    

Getting the right to “go dark”—that is, stop operating while continuing to pay rent—if your business isn’t generating enough revenue, is very valuable. That’s because going dark can save you the cost of stocking and staffing the space you rent, among other...

Keeping Excess Rent from Sublet of Space That Breached Lease

December 14, 2018    

The circumstances that retailers based their leasing decisions on can change, leaving them wondering how best to deal with space they no longer need. Subletting space is often a solution. But savvy tenants will want to angle for keeping some of the profit if the sublet rent is higher than the...

Think Twice About Eminent Domain Provision

December 14, 2018    

If you are considering leasing space that could later be subject to a “condemnation” by the state, and therefore unusable, think twice before agreeing to a termination clause in the eminent domain provision in your lease that would cover this scenario. That’s because, if the...

Carefully Spell Out Key Terms in Memorandum of Lease

November 9, 2018    

If the owner of the shopping center or office building where you lease space has financial difficulties, it may be dealing with one, or even several, liens filed against the property. If you don’t have priority if the owner becomes bankrupt, you could be dramatically affected, up to and...

Don’t Limit Space to Just Retail Purposes

November 9, 2018    

Selling products online is so much a part of many retailers’ business models that it’s common for tenants that are pulling in profits that way to use their brick-and-mortar spaces for purposes related to the business, but not to actually sell products. For example, depending on your...

Ensure Space Is Adequate for Size of Business

November 9, 2018    

Perhaps the most important thing at the outset of leasing space is to make sure that the size of the space you’re considering will physically accommodate your business. Just because a space is advertised as a certain number of square feet doesn’t mean that all of that square footage...