Drafting Tips

Limit Tenant's Right to Lease Audit

November 23, 2009    

When looking to cut costs, one of the first things that tenants try to trim are their operating costs. If a tenant believes that it has overpaid for its share of the building's operating expenses, a lease audit is inevitable for you. Your first step in preparing for audits should be at the...

Add Lease Amendment to Renegotiate Painlessly with Struggling Tenant

October 31, 2009    

The sluggish commercial real estate industry is affecting both owners trying to keep up with mortgage payments and tenants who are in serious financial trouble—or even in risk of default. In this recession, it is more important than ever to spot struggling tenants in your shopping center...

Take Four Steps Before Signing Cell Tower Lease

September 27, 2009    

Over the course of the past 15 years, wireless communication has changed from a novelty to a necessity for everyday life. The rapid growth has given rise to the need for wireless carriers to install and operate a greater number of cell tower sites in greater concentrations and over larger...

Leasing to Medical Offices: Some Doctoring Needed

April 30, 2009    

There are unique considerations in leasing space to a physician or medical group that don't come into play with standard office leasing. You should address those issues specifically in your lease to avoid unnecessary ambiguities.

Draft ‘Grill Shop’ Restriction Carefully

January 1, 2009    

When negotiating a lease with a prospective tenant that plans to operate a restaurant it considers to be a “grill shop,” the tenant may demand that you agree not to rent space in your center to another grill shop. But if you agree to such a restriction, you may be unable to rent...

Key Concessions to Help Attract Tenants During Downturn

October 31, 2008    

On Oct. 3, 2008, President Bush signed the Emergency Economic Stabilization Act of 2008 into law. This so-called bailout package is considered a necessary evil to move our economy in the right direction, but experts warn that it's far from a quick fix and expect the turnaround to be a slow...

Boost Retail Tenant's Minimum Rent with Last Year's Percentage Rent

October 31, 2008    

If you're like most owners, you're searching for new leasing strategies to increase your rent revenues. Here's one to consider if you're negotiating a percentage rent lease with a retail tenant that doesn't have a lot of negotiating power, suggests Florida attorney Oscar R....

Don't Let Tenant that Defaults or Goes Dark Enjoy Special Perks

September 8, 2008    

When negotiating a lease with a prospective tenant, you may agree to give one or more special perks to entice that tenant to sign your lease. For example, you may agree to give it free-rent concessions, building naming and signage privileges, a right of first offer, a cotenancy right, an...