Q & A

Considering Consequences of Using “Abatement” in Lease

June 25, 2014    

Q: I’m contemplating signing a lease with a tenant that will require the tenant to construct its own building at my shopping center and require me to pay a construction allowance within a certain period of time after the tenant opens...

Dealing with Struggling Tenant at Center

May 27, 2014    

Q: A tenant at my shopping center has been late paying rent two months in a row. I’ve heard that if I continue to accept late rent each month, the tenant could argue that the lease has been modified by my actions and it’s entitled...

Supplying Sensitive Financial Information to Tenant

April 10, 2014    

Q: A tenant’s lease for space at the center I own gives it the option to renew after three years at the same rate plus applicable taxes. To decide whether to exercise the option, the tenant says it needs to know the amount of taxes it...

Preserve Right to Pass Through Added Security Costs

March 26, 2014    

Q: A nationally publicized violent incident at a Florida big box store has made me think once again about the level of security I need to keep my center safe for tenants and their customers and employees. Although this most recent retail...

Avoiding Liability for Parking Lot Disputes

March 26, 2014    

Q: Tenants in my strip mall have assigned parking spots. Unfortunately, parking is very limited and, fairly often, those assigned spots are used by people who are not entitled to park there. My property has fielded numerous complaints about...

'Bad' Lease Terms Affecting Contract

January 28, 2014    

Q: I lease property to a wide variety of tenants, and I have leases that are technical and complicated. If a term or terms in one of these leases turned out to be illegal, what effect would it have on the rest of the agreement?

Including ADA Expenditures in "Operating Costs"

December 17, 2013    

Q: I’m vigilant about making sure that the office building I recently bought is compliant with the federal Americans with Disabilities Act (ADA), but it can be expensive to do this. How can I pass some of the costs through to tenants?...

Controlling Holiday Season Signs and Displays

November 22, 2013    

Q: During last year’s holiday shopping season, a long-standing tenant at my center put up a large holiday display that wasn’t in keeping with the appearance of the center’s aesthetic. Its lease, which was entered into before...

Renting to Holiday Pop-Ups

September 23, 2013    

Q: There are several vacant spaces in my shopping center. With the holiday season coming up, I’m worried that increased foot traffic from holiday shoppers that has always boosted profits in the past will be lured away by fully leased...

When Does "Recreational Use Immunity" Apply?

August 7, 2013    

Q: A visitor to the mall I own was injured while taking part in a recreational activity held in the parking lot by a local charity group that also leases space there. The charity group provided the entertainment free of charge. I’ve...

Negotiating Work Letter Simultaneously with Lease

July 26, 2013    

Q: I’m about to start negotiating with a prospective tenant for office space that will require a substantial buildout by me before the tenant moves in. To protect itself, the tenant has asked to negotiate a detailed, comprehensive work...

Collecting Percentage Rent from ATM Transactions

May 23, 2013    

Q: I negotiated a “percentage rent” clause in my lease with a “general store”-type tenant at my center. At the time, the tenant didn’t have an automated teller machine (ATM) in its space, but it just installed...