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Negotiate Circumstances for Tenant to Buy Its Leased Space

March 15, 2017    
It’s an undertaking for any tenant to scout out prospective commercial space, negotiate a lease, and then deal with the logistics and expense of moving into that space. So, after going through all of the effort to get established at a property, it’s not unusual for a big tenant that...
Q & A

Accepting Rent After Taking Steps Toward Eviction

March 15, 2017    
Q: My tenant’s retail business is in trouble, but instead of closing, the tenant is trying to find a buyer. I had previously obtained an eviction order because the tenant had defaulted on its rent obligations. Now, the tenant has offered to pay the back rent, plus an additional amount in...
Owner Loses

Right of First Refusal Extinguished Upon Exercise of Option

March 15, 2017    
Facts: Two tenants leased space at a property. The first tenant had a right of first refusal to buy the entire property, including the second tenant’s space, if a third party made an offer. The second tenant had the option to buy its own space at a certain year in its lease term. But that was...
Feature

Explore Tax Advantages of Triple Net Leasing for Your Property

February 22, 2017    
If you own commercial property and are contemplating branching out and acquiring more properties, you might not know where to start. A good jumping off point is understanding what type of leasing opportunities are available—and their interplay with the commercial real estate market now....
Negotiating Tips

Attract Advantageous Tenants with Unusual Concessions

February 22, 2017    
Vacancy rates are still a struggle for shopping center and office building owners in some areas. Maybe your local economy isn’t robust and businesses aren’t interested in new office space, your projections for how much foot traffic your center will see were higher in theory than in...
Owner Loses

Tenant Entitled to Yellowstone Injunction While Awaiting Lease Decision

February 22, 2017    
Facts: A souvenir shop tenant’s lease that was signed in 2000 required it to provide an estoppel certificate to the owner of the building within 10 days. There was a dispute between the owner and tenant as to whether that version of the lease or a new lease that had been executed in 2013...
Feature

Include 10 Items in 'Event of Default' Definition

January 24, 2017    
Every lease gives an owner certain remedies, such as eviction or the collection of damages, that the owner can use if something the tenant does or fails to do fits the lease’s definition of an “event of default.” But what if your lease doesn’t clearly define what acts or...
Plugging Loopholes

Ensure Appropriate Signage Removal by Tenant

January 24, 2017    
When a lease ends, you’ll want the tenant to completely remove any interior and exterior signage it has at its space. But that doesn’t always happen. Sometimes the tenant fails to remove some or all of its signage, leaving the job for you. Other times, it removes the signage but leaves...
Q & A

Require Tenant to Cover Up Unsightly Equipment

January 24, 2017    
Q: The office building I own is located in an up-and-coming neighborhood that consists of retail, office building, and residential apartment properties. It’s a so-called “upscale” shopping and living area, and I’d like to keep the appearance of my building attractive....
Owner Loses

Foreseeability of Tenant's Denied License Put Risk on Landlord

January 24, 2017    
Facts: In order to open and operate a daycare under state law, Florida daycare tenants must first sign a lease for space before applying for a license to operate the business. A daycare executed a five-year commercial lease for two store spaces in a shopping center while it applied for and waited...