Plugging Loopholes

Include Payments to Affiliates in Sublet Profit-Sharing Clause

April 24, 2013    
Typically, when an owner agrees to allow a tenant to assign or sublet its space, it uses lease provisions that require the tenant to give it some or all of its profits from any sublet or assignment. If your lease says that these profits include the sale of any of the tenant’s personal...
Q & A

Making Tenant Pay Fair Share of After-Hours Lighting

April 24, 2013    
Q: My shopping center leases let me pass through the cost of lighting the parking lot during center hours. But some of my tenants—such as a movie theater and a restaurant—commonly stay open after center hours. I want to charge them for the extra cost of lighting the parking lot after...
Owner Loses

Tenant Triggered “Escape Clause”

April 24, 2013    
Facts: A mattress store tenant signed a lease with a shopping center owner for space next to a national chain grocery store. The monthly rent was $5,000. After the grocery store moved out of its space, the tenant stopped paying rent, gave a 60-day notice to the owner, and moved out. At that time it...
In the News

Food Trucks Scream for Ice Cream Reg Changes

April 24, 2013    
Food trucks have unprecedented commercial real estate opportunities now, essentially turning them into tenants in some scenarios. That’s because for some property owners, the presence of these next-generation food trucks at their shopping centers can satisfy a need for diversified food...
In the News

More Than Coffee While Travelers Wait at Redesigned Terminal

April 24, 2013    
Travelers will have the opportunity to treat themselves to more than just magazines, snacks, and coffee while waiting for flights at John F. Kennedy International Airport. An expansion project at the New York City airport’s Terminal 4 will include upscale specialty shops, brought in by travel...
Feature

CRE Owner Strategy: Is a License Right for You?

April 5, 2013    
When the terms of a lease are negotiated carefully—and complied with—leasing can be the most profitable and efficient use of your commercial space. And you might think that a traditional commercial lease is the only option available to you. But a lease isn’t as appropriate for...
Feature

License Agreement Pros, Cons, and Considerations

April 5, 2013    
What exactly are license agreements and how can they be beneficial to owners? When you sign a lease with a tenant it creates a landlord-tenant relationship that can work in your favor, but also comes with some potential problems. For example, when a tenant defaults on its lease owners usually don...
Dos & Don'ts

Use License Agreement, Not Lease, for Parking Lot Business

April 5, 2013    
Letting a business use a portion of your outdoor parking lot can be an innovative way to earn additional revenue and boost traffic at your center. While business-related activities, such as book sales, car sales, and boat sales seem to be a relatively quick and easy way to bring in more cash and...
Plugging Loopholes

Mall Managers Hold Keys to Kiosk Profitability

April 5, 2013    
Shopping centers have been benefiting from a proliferation of kiosks and carts selling everything from hair styling tools to cell phone accessories to skin care products. Why have kiosks taken off in recent years? Kiosks have a low cost but a great potential to reap benefits. The cost of renting to...
Owner Wins

License Agreement Entitles Owner to Evict

April 5, 2013    
Facts: An owner licensed 24,000 square feet of retail space in its shopping center to a licensee to sell its merchandise. The owner later revoked the license, under which the licensee was required to leave the space in case of a revocation. However, the licensee refused to leave, and the owner...