Rent abatement clauses spell out the circumstances under which tenants are entitled to withhold rent. But if you don't draft them carefully, you may overlook specific items that can affect you later if the tenant exercises its right. Here are four Dos and Don'ts to follow to avoid...
Your lease will specify under what circumstances you and the tenant may terminate the lease. It'll also spell out the procedure you must follow to do so—for example, by giving 30, 60, or 90 days' written notice. If the provisions in your lease that govern termination rights are...
Whether you're negotiating your snow removal contract or approving your tenant's, the contract should:
Identify term of agreement and exact services to be performed. This includes which areas will be plowed; the minimum snow accumulation amount before plowing, sanding/...
Retail real estate experts predict that more, not fewer, national-brand “pop-up” shops will appear in shopping centers this holiday season than during the past few years. Pop-up shops can be a great way to add pizzazz to your center, but only if you protect yourself from common risks...
If you own a shopping center or strip mall, some of your retail tenants will probably ask you to allow them to operate during hours that are the most convenient for their businesses, even though you've set operating hours for the entire center. And you may be tempted to give some tenants,...
A smaller tenant that's negotiating a lease for space in your shopping center may want to negotiate a cotenancy clause that requires you to rent to a “national retailer.” You may be willing to include such a clause, especially if you're already negotiating a lease with a...
If you're like many owners of shopping centers or office building complexes, you're eager to find new ways to generate income. One solution may be to add a food court—that is, a special area dedicated to small restaurant tenants selling a diverse selection of carry-out or ready-to-...
Problems can arise when a restaurant tenant draws so many customers that long lines—often referred to as “queues”—form, or crowds gather in the common areas near the restaurant. Someone could get hurt if a queue or crowd becomes disorderly or unruly, and, as the owner,...
Nowadays, many restaurant tenants ask to use common areas next to their space as a patio area, where they can place tables and chairs, and serve food. These patio areas are cropping up all over—even in shopping centers. But if you allow the restaurant tenant to use part of your common...
An attorneys' fees clause in a commercial real estate lease defines who will pay the legal fees for a dispute between the tenant and owner. It is critical to draft an attorneys' fees clause in your retail or office building lease that makes the tenant responsible for any legal fees...
Although an owner should rightfully consider its building to be its own, once it signs a lease with a tenant, that tenant has a right to exclusive possession of its space. To ensure that an owner has access to the space after it has given up these...
Most commercial property leases don't contain a provision specifying whether a copy or an electronic signature on the document is as valid as an original signature. In the absence of such a clause, the presumption is that only the original signature of the owner or tenant is binding. But...
