Feature
December 17, 2013
Most leases contain an assignment clause that requires tenants to get your consent before they may assign their leases. But some leases contain a loophole that risks giving the tenant too broad a right and being forced later to rent space to a tenant that isn’t appropriate for your shopping...
Q & A
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?
Owner Loses
December 17, 2013
Facts: A shopping center owner and a women’s clothing store signed a lease for space next to a large national bookstore. The lease’s cotenancy provision allowed the tenant to abate its minimum monthly rent if the bookstore stopped operating. After several years, the bookstore moved out...
Owner Loses
December 17, 2013
Facts: A shopper was hit by a motorist on the sidewalk outside of a shopping center tenant’s store. The shopper sued the center’s owner and the tenant. The owner and the tenant each asked a trial court for a judgment in its favor without a trial. Each said that the other had a duty of...
Online Alerts
December 17, 2013
The findings from a recent CIT Group Inc. survey may make 2014 a little brighter for the CRE industry. That’s because middle-market commercial real estate executives are expressing cautious optimism toward the market and are looking to take advantage of long-term investment opportunities,...
In the News
December 17, 2013
The findings from a recent CIT Group Inc. survey may make 2014 a little brighter for the CRE industry. That’s because middle-market commercial real estate executives are expressing cautious optimism toward the market and are looking to take advantage of long-term investment opportunities,...
Feature
November 22, 2013
If your lease’s assignment clause is like most, it requires the tenant to get your written consent before it may assign its lease. But unless that consent includes certain conditions, you risk giving the tenant too broad a right and being forced later to rent space to a tenant that isn’...
Q & A
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 I bought the center, didn’t prohibit it from...
Owner Wins
November 22, 2013
Facts: A tenant that rented five floors of an office building and the attached parking garage sublet the garage space to a parking garage operator. The owner later discovered water damage in the garage. It sued the tenant, asserting that the tenant was obligated under the lease to maintain the...
Owner Loses
November 22, 2013
Facts: A supermarket tenant signed a 25-year lease with the owner of a shopping center. Under the lease, the tenant was to pay base rent plus additional rent, which included items like its pro rata share of taxes for the center. Like some of the other tenants in the center, the tenant had an audit...
