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...
Q & A

Collecting Higher Base Rent Using Previous Percentage Rent Figures

October 18, 2017    
Q: As the owner of a strip mall, I’m always looking for ways to bring in more income. I’m negotiating leases with some prospective tenants to fill vacant space. They’ll be paying percentage rent and base rent. Are there any often-overlooked ways to boost my rent revenues that I...
Negotiating Tips

Negotiate Mutually Beneficial Confidentiality Promise

October 18, 2017    
Audits can help you uncover any discrepancies in what you’re collecting in percentage or other types of additional rent, so it might seem as if they’re always positive. But conducting an audit in a way that harms a tenant can leave you open to claims. It’s not unusual for a tenant...
Owner Wins

Estoppel Certificates Precluded Tenants from Collecting TIA

October 18, 2017    
Facts: Tenants sued both the former and the current owner of the building in which they leased commercial space for failing to reimburse them for improvements they made to the premises, as required under their leases. The current owner challenged the complaint on the grounds that, as the current...
Feature

Use Mediation Instead of Jumping to Arbitration or Court Over Dispute

September 21, 2017    
When you think about settling a dispute with a tenant without going to court, arbitration as an alternate dispute resolution method might immediately come to mind. That’s because arbitration is widely known and talked about in commercial real estate. But before you pursue arbitration,...
Negotiating Tips

Tailor Lease for Unique Space

September 21, 2017    
If you own an unusual building—one with “character,” a unique layout, or historic elements—you’ll need to find tenants that appreciate quirks. These types of properties can be wildly successful, but you’ll need to take into account marketing and leasing issues...
Q & A

Deeming Transfer of LLC Interests as Assignment

September 21, 2017    
Q: I’ve found a tenant that’s perfect for my retail space. Because of the synergy I’ve created among tenants at the shopping center, it’s crucial that this tenant mustn’t assign its lease to any type of business that deviates from what it is selling. I’m aware of...
Owner Loses

Landlord's Ownership Interest in Pylon Not Protected by Tenant's Lease

September 21, 2017    
Facts: A shopping center tenant affixed its name to a pylon sign on the property. The owner of the center disputed the tenant’s right to use the sign. The owner and tenant each asked a trial court for a judgment in its favor without a trial. Decision: A Massachusetts trial court ruled in...
Feature

Maximize Options for Collecting Rent from Large Space

August 24, 2017    
Owning a large retail or office building property can be lucrative. After all, if the rent rate is based on the square footage that a tenant rents, a vast space has the potential to pull in more money than a small one. But profiting from the sheer size of your property isn’t a given. To...
Negotiating Tips

Carve Out Right to Future Financially Viable Rent Rate

August 24, 2017    
In order to entice a tenant you might offer very competitive initial rent. At the same time, you need to make sure that you maintain a certain level of income over time. Rent adjustments are typically a part of negotiations with a prospective tenant for space at the property you own. But if you...