Feature

Meticulously Draft ADA Requirements Throughout Lease

December 20, 2017    
Violating the Americans with Disabilities Act (ADA) can be costly for commercial real estate owners. It’s a complicated law with nuances that create pitfalls for owners. While the ADA is detailed in terms of spelling out under what circumstances a building’s or a tenant’s space...
Owner Loses

Owner Is Responsible for Common Area Maintenance

December 20, 2017    
Facts: The owner of a movie theater signed a lease for space at a mall. Over a period of time, maintenance issues, like timely garbage removal, became apparent. The tenant asked the owner to take care of maintenance and upkeep, asserting that the lease and common area maintenance (CAM) agreement...
In the News

European Mall Operator Banks on Luxury Mall Success in U.S.

December 20, 2017    
The typical American shopping mall landscape has changed drastically—and for the worse—in recent years, in large part because nearly every item sold from a traditional brick-and-mortar store can be purchased online. Consumers who would rather devote time to things other than driving to...
Feature

Negotiate Flexibility to Change Shopping Center at Later Date

November 22, 2017    
The design, practicality, and price of interior retail space are big ticket items when a tenant is deciding to lease space in a shopping center. But what a tenant can get and for what price doesn’t matter if other elements at the center don’t work for the tenant. Just as landlords like...
Negotiating Tips

Limit Tenant's Hours Cotenancy Clause Remedies

November 22, 2017    
An hours cotenancy clause—which says that a tenant will be required to open during the center’s normal hours of operation only if a certain percentage of other tenants are also open—is a typical provision in retail leases. But like many other lease issues that seem ordinary at...
Q & A

Get Control Over Tenant's Right to Amenities

November 22, 2017    
Q: Most tenants at my property require certain amenities and they won’t sign leases for space there if they don’t get them. But I’ve heard of circumstances under which office building and retail property owners have had to get rid of amenities. How can I carve out a right to...
Owner Loses

Trial Needed to Determine Whether Site Plan Change Was Permissible

November 22, 2017    
Facts: The lease between a multiple-phase shopping center owner and national tenant indicated that the tenant would occupy a space in building A of phase one in the not-yet-constructed property. The lease contained certain provisions concerning the construction process and the future tenants of the...
In the News

Report: Slow and Steady Could Win CRE Race in 2018

November 22, 2017    
Finally, after years of fluctuation that only sometimes favored the commercial real estate market, experts have predicted that slow and steady progress will rule the day—at least for 2018. Accounting firm giant PricewaterhouseCooper (PwC) and the Urban Land Institute (ULI) have put out their...
In the News

Report: Tenant Demand Grows for Reconfigured Former Box Store Space

November 22, 2017    
As online shopping has become ubiquitous over the past several years, with e-commerce giants like Amazon offering seemingly every product under the sun and with free delivery for subscribers, retail tenants that have set up shop in centers and malls have suffered from sales slumps, more or less...
Feature

Restrict Tenant's Use of Supplemental Security Measures

October 18, 2017    
The number of violent crimes taking place at public venues in recent years has skyrocketed, with the Oct. 1 mass shooting of concert-goers in Las Vegas being the biggest attack in United States history. Owners of public spaces are reevaluating their security, some by asking outside security firms...