Protect Interests When Dealing with Financially Troubled Tenant

February 12, 2019    

While retail and office building owners field defaults of many kinds from tenants that fail to follow their lease terms, nonpayment of rent is the most common breach of a tenant’s lease. It signals bigger problems for you than just your bottom line being affected in the months that you don...

Get Consent from Tenant to Use Trademark and Logos to Your Benefit

January 17, 2019    

Despite the abundance of online retailers offering great prices and free delivery to customers at the click of a button, shopping centers have slowly but surely made a comeback since the economic downturn nearly 10 years ago. But it’s not enough for center owners to coast on customers...

Negotiate Eight Conditions for Sublease Without Consent

December 12, 2018    

Subleases can be more complicated than they seem. It’s not just a matter of allowing a tenant to give its space either temporarily or until the end of its lease to a replacement tenant. To protect themselves, owners should carefully draft sublease provisions.

Use Radius Clause to Protect Your Percentage Rent from Tenant

November 14, 2018    

Making a profit from tenants at your shopping center or mall depends on many factors—one of which is the key percentage rent arrangement. Percentage rent allows you to collect not only base rent, but also a percentage of the tenant’s gross sales done at the space it leases from you....

Get Control Over Content in 'Short-Form Lease'

October 18, 2018    

If you own a shopping center or office building and have financial difficulties, you may be dealing with one, or even several, liens filed against the property. A savvy tenant knows that if it doesn’t have priority if you become bankrupt, it could be dramatically affected, up to and...

Prevent Detrimental Effects of Large National Tenant's Use Change

September 26, 2018    

Owners who lease space to large national retail tenants know that their demands can be hard to resist. Use of the space is the number one concern for these tenants. Often, they ask for flexibility in their use of the space that puts owners at a disadvantage. A lease that allows a tenant to use...

Draft Favorable Work Letter Terms Before Construction Begins

August 30, 2018    

Many tenants need to customize the space they lease, whether it’s in an office building or shopping center. But altering space—even for simple improvements—can be complicated. So when signing leases, you’ll want to have a work letter agreement—a contract that...

Negotiate 12 Key Points in Security Deposit Clause

August 15, 2018    

Although leases provide remedies for many types of breaches, it can be hard to collect money later from an erstwhile tenant. Two major financial issues for owners are lease defaults and damage to space. If you’ve dealt with one or both of these potentially very expensive issues in the past...

Negotiate Win-Win Property Insurance Deductible Clause

July 19, 2018    

Tenants large and small are attracted to the best deals for commercial space. But savvy tenants know that bottom line-friendly deals aren’t limited to items like comparatively low base rent rates or generous concessions and improvement allowances that beat offers from other landlords....

Negotiate 11 Safeguards in Insurance Clause for 'Hazardous' Materials Tenant

June 20, 2018    

A big part of successfully running a shopping center is ensuring the safety of tenants, their employees, your employees, and customers. With security cameras or a security guard and alarms, you might think that you have the safety aspect of your operations locked down. But here’s something...

Use Contractual Lien Provision When Leasing to Uncertain Tenants

May 29, 2018    

In recent years, filling space at shopping centers with smaller, non-traditional tenants rather than large national stores (many of which are suffering financially) has been a successful strategy for landlords. If you’re taking advantage of this rapidly growing trend, you should be aware...

Draft Airtight Rent Abatement Provisions

April 30, 2018    

Rent abatement is frequently mentioned when discussing commercial leases. But it’s not as simple as including a clause that spells out the circumstances under which tenants are entitled to withhold rent. There are many variables and, if you don’t draft rent abatement provisions...