Feature

Get 7 Lease Protections When Making Tenant Responsible for HVAC Maintenance

September 23, 2022    

It costs a lot of money to maintain a heating, ventilating, and air conditioning (HVAC) system. There’s also a lot at stake. Keeping the HVAC system humming is crucial to maintaining comfort, ensuring air quality, and, in some cases, preserving tenants’ stored inventory. Accordingly...

Get 12 Lease Protections When Allowing Tenants to Keep Pets at Your Property

August 29, 2022    

Pet rules in a commercial lease? At first, I thought this was a terrible idea for an article. After all, the vast majority of commercial landlords in the U.S. don’t permit pets on the property—to the extent they even consider the issue at all. And it was for that very reason...

How to Negotiate and Structure a Workout with Tenants in Default

July 20, 2022    

With a recession looming, commercial landlords and tenants may once again need to exhibit the flexibility they displayed to get through the COVID-19 pandemic. While helping tenants meet their rent obligations will be the first-choice approach, landlords also need to be prepared in case tenants...

Get 10 Legal Protections When Giving Tenants a Right of First Offer

June 23, 2022    

Offering ROFOs is a great way to attract flourishing businesses. But it comes at a price.

 

Moving to a different building can be costly and disruptive. Accordingly, tenants that are growing rapidly may seek rights to expand within the building in case they run out of space...

Set 11 Conditions for Consenting to Shopping Center Assignments and Subleases

May 23, 2022    

As retail and restaurant businesses contract and struggle to survive, many shopping center tenants are looking for ways to get out of their leases. One common exit strategy is for tenants to assign their lease interest or sublease some or all of the leased space to a third party. Tenants are...

Don't Get Burned When Letting Tenants Contract Their Space

April 25, 2022    

Here’s a four-phase strategy for drafting a lease amendment letting a tenant contract its space.

 

In a post-pandemic world where a greater volume of work and business will be carried out remotely, many tenants will need the flexibility to not only expand but also...

How to Negotiate and Structure a Lease Buy-Out

March 22, 2022    

The COVID-19 pandemic has illustrated the need for landlords and tenants to be flexible and work together to find solutions to leases that have become disadvantageous. One approach is to enter into a buy-out agreement allowing the tenant to end the lease early in exchange for an agreed-to sum of...

Set Limits on Retail Tenant’s Right to Terminate When Anchor Departs

February 20, 2022    

Even before the pandemic, shopping center tenants were insisting on the right to terminate their lease in the event the anchor tenant leaves. Giving in to these demands may be unavoidable when tenants are a part of a national chain or otherwise enjoy negotiating leverage. But you should also...

Make Tenant Pay Extra Security If Its Guarantor Has Financial Problems

January 26, 2022    

In these uncertain times, securing rock solid assurances against tenant default is of paramount importance. The challenge is great. COVID-19 has left many tenants strapped for cash and unable to scrape together a security deposit. As a result, landlords are having to ask for third-party...

Get 5 Lease Protections When Listing Tenant's Name in Exterior Signs

December 22, 2021    

The size, look, style, and content of the exterior signs listing a building’s name and tenants can have a significant impact on not only a property’s marketability and curb appeal but also on the landlord’s image and reputation. That’s why landlords should seek to...

Get 6 Lease Protections When Giving Tenants Expansion Options

November 23, 2021    

In this era of post-COVID-19 uncertainty, commercial tenants are increasingly reluctant to lock themselves into spaces of fixed dimensions over the entire lease term. Their driving imperative is flexibility. In the early days of the pandemic, as telecommuting shrank the need for space,...

A Three-Phase Strategy for Leasing to Pop-Up Tenants

October 22, 2021    

Nontraditional, short-term stores have been popping up in malls, shopping centers, department stores, and other retail settings for over a decade. While generally less desirable than long-term tenants, pop-ups offer landlords the opportunity to pocket extra cash on vacant or non-rent-generating...