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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...

How to Draft Owner-Friendly Lien Subordination Agreement

April 10, 2018    

Tenants often seek financing to help them run their businesses, so you have probably gotten numerous requests from tenants for a “landlord’s lien waiver.” Without the lien waiver, a tenant’s lender may refuse to go through with the loan, or an equipment lessor may refuse...

Lease Every Area of Property to Maximize Revenue Stream

April 10, 2018    

No matter how successful you are at minimizing costs and maximizing profits from your leases with tenants at your shopping center or office building, there’s no reason to overlook new ways to generate more rent and income....

Require Tenant to Reimburse You for Unamortized Improvements

March 27, 2018    

When a tenant violates a lease that subsequently ends in termination, shopping center and office building owners might be looking at hefty costs that at least initially will fall on them. Lost rent and the cost and effort of finding a replacement tenant can reach into the tens of thousands of...

Take Key Factors into Account Before Leasing to Restaurant Tenant

February 23, 2018    

Over a million restaurants in the United States generate billions in sales each year. Commercial property owners know that having a visible and successful restaurant is not only lucrative, but also can be an amenity that improves the image of the property and provides an essential service to...

Agree on 15 Points Before Giving Tenant Pre-Lease Access to Space

January 23, 2018    

Don’t be surprised if a prospective tenant asks you to give it early access to its space before all aspects of your deal are finalized. Some tenants are confident that their financing will go through and that other issues will be resolved without incident. A common reason in retail leasing...

Meticulously Draft ADA Requirements Throughout Lease

December 20, 2017    

Violating the Americans with Disabilities Act (ADA) can be costly for commercial real estate owners. It’s a complicated law with nuances that create pitfalls for owners. While the ADA is detailed in terms of spelling out under what circumstances a building’s or a tenant’s space...

Negotiate Flexibility to Change Shopping Center at Later Date

November 22, 2017    

The design, practicality, and price of interior retail space are big ticket items when a tenant is deciding to lease space in a shopping center. But what a tenant can get and for what price doesn’t matter if other elements at the center don’t work for the tenant. Just as landlords...

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...

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,...

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