Online Alerts

Online Alerts

Get Tenant's Consent to Use Logos When Promoting Center

January 18, 2019    

You can’t use any of the tenant’s trade names, trademarks, logos, and designs in your marketing materials unless you first get the tenant’s consent. Why? Because they are its “intellectual property.” And if the tenant decides to withhold its consent, or you never...

How to Audit Kiosks Routinely and Efficiently

January 18, 2019    

If you grant a license to kiosks and carts to conduct business at your center, make sure that you audit the books and records of a set percentage of those kiosks and carts each year to verify their gross sales. It’s not uncommon for kiosks and carts to submit gross sales statements that...

Know When and How to Post Weather Hazard Warnings

January 18, 2019    

Some office building or mall owners put out “wet floor” signs during rainy or snowy weather to warn customers about slippery conditions that could quickly develop on the floors of the property. In just a few minutes, water can collect, creating a hazard. It’s important to be...

Negotiating Fair and Balanced Radius Clause

December 5, 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....

Follow Customary Square Footage Calculation Methods

December 5, 2018    

Many commercial properties have more than one level, which will mean that there is at least one set of stairs. You may be wondering if you could include the stairs leading to, say, the dance studio in the square footage, and whether it’s customary, or even legal, to include stairs leading...

Spell Out Tenant’s Obligations After Zoning Change

December 5, 2018    

If you own a mixed-use building that has retail stores on the ground floor and residential units on the floors above, with the ground floor specifically zoned for retail use, be aware of additional lease considerations. Namely, you’ll need to factor in the potential for zoning changes in...

Minimize Risk in Memorandum of Lease

November 1, 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...

Weigh Benefits of ‘Additional Named Insured’ Status

November 1, 2018    

The standard lease form that you use might require a tenant to add you to its commercial general liability (CGL) policy as an “additional named insured.” You might think that this additional named insured status gives you the same rights as the tenant under its CGL policy, and that...

Don’t Disclose Deal Details Before Checking for Conflicts of Interest

November 1, 2018    

Before retaining a real estate attorney for a new deal, don’t spend time and money disclosing the deal’s details to her before you are sure that no conflict of interest exists that could prevent her from fairly representing your interests. This applies whether the attorney is new to...

Get Right to Terminate Large Tenant's Lease for Use Change

October 4, 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...

Don't Take on Liability for Tenant's Visitors

October 4, 2018    

While owning a shopping center or office building can be very profitable, it also exposes landlords to liability for a variety of things, such as injuries. You can’t stop third parties from suing you if they’re injured after hours by someone in your building or center—but there...

Landlord's Board Testimony Regarding Damages Was Improper

October 4, 2018    

Q: I defaulted on a lease for space at a small shopping center. The landlord is claiming that damages from the default reach into the hundreds of thousands of dollars. I disagree and have calculated damages that are significantly lower. The...