Feature
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’...
Drafting Tips
January 17, 2019
Security deposits are essential for commercial real estate owners to protect their interests when leasing space to tenants. That’s because a security deposit can be used in a number of ways to minimize the effect when a tenant doesn’t meet its lease obligations. But a security deposit...
Negotiating Tips
January 17, 2019
“Alternative dispute resolution” (ADR) methods, including arbitration, are often used by commercial real estate owners to resolve differences with tenants out of court. Arbitration is a great solution for parties who are in disagreement about a single, clear-cut issue. Common, but...
Owner Loses
January 17, 2019
Facts: A landlord and a tenant signed a lease that provided that the landlord would insure the building and the tenant would insure its personal property inside the building. When the property was later damaged by a fire, the landlord’s insurance covered the loss. The landlord’s...
Feature
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.
Q & A
December 12, 2018
Q: I signed a lease with a tenant for space that the tenant is responsible for making necessary improvements to.
In the News
December 12, 2018
A new survey of commercial real estate brokers who have done lease deals for space for marijuana businesses reveals that—despite the difficulty of negotiating such leases—they would try again. The survey comes after voters have approved the legalization of marijuana in three more states...
Owner Loses
December 12, 2018
Facts: A tenant rented space for its office on two floors of a building. When it attempted to exercise its option to renew its lease for an additional five-year term, the landlord offered to buy out the lease, but the tenant rejected the offer. A few weeks later, the tenant received a termination...
Feature
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. But...
Q & A
November 14, 2018
Q: A tenant negotiated an option to purchase the space it will be leasing from me at one of my free-standing properties, after it has operated there for a certain number of years. The notice requirements for exercising the purchase option are very clear; however, I’m concerned that if...
