Drafting Tips

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...

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....

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...

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...

Don't Overuse 'Written' Notice

May 31, 2005