Q & A

Get Control Over Tenant's Right to Amenities

November 22, 2017    
Q: Most tenants at my property require certain amenities and they won’t sign leases for space there if they don’t get them. But I’ve heard of circumstances under which office building and retail property owners have had to get rid of amenities. How can I carve out a right to...
Owner Loses

Trial Needed to Determine Whether Site Plan Change Was Permissible

November 22, 2017    
Facts: The lease between a multiple-phase shopping center owner and national tenant indicated that the tenant would occupy a space in building A of phase one in the not-yet-constructed property. The lease contained certain provisions concerning the construction process and the future tenants of the...
In the News

Report: Slow and Steady Could Win CRE Race in 2018

November 22, 2017    
Finally, after years of fluctuation that only sometimes favored the commercial real estate market, experts have predicted that slow and steady progress will rule the day—at least for 2018. Accounting firm giant PricewaterhouseCooper (PwC) and the Urban Land Institute (ULI) have put out their...
In the News

Report: Tenant Demand Grows for Reconfigured Former Box Store Space

November 22, 2017    
As online shopping has become ubiquitous over the past several years, with e-commerce giants like Amazon offering seemingly every product under the sun and with free delivery for subscribers, retail tenants that have set up shop in centers and malls have suffered from sales slumps, more or less...
Feature

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 firms...
Q & A

Collecting Higher Base Rent Using Previous Percentage Rent Figures

October 18, 2017    
Q: As the owner of a strip mall, I’m always looking for ways to bring in more income. I’m negotiating leases with some prospective tenants to fill vacant space. They’ll be paying percentage rent and base rent. Are there any often-overlooked ways to boost my rent revenues that I...
Negotiating Tips

Negotiate Mutually Beneficial Confidentiality Promise

October 18, 2017    
Audits can help you uncover any discrepancies in what you’re collecting in percentage or other types of additional rent, so it might seem as if they’re always positive. But conducting an audit in a way that harms a tenant can leave you open to claims. It’s not unusual for a tenant...
Owner Wins

Estoppel Certificates Precluded Tenants from Collecting TIA

October 18, 2017    
Facts: Tenants sued both the former and the current owner of the building in which they leased commercial space for failing to reimburse them for improvements they made to the premises, as required under their leases. The current owner challenged the complaint on the grounds that, as the current...
Feature

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,...
Negotiating Tips

Tailor Lease for Unique Space

September 21, 2017    
If you own an unusual building—one with “character,” a unique layout, or historic elements—you’ll need to find tenants that appreciate quirks. These types of properties can be wildly successful, but you’ll need to take into account marketing and leasing issues...