Feature
July 26, 2012
An exclusive use clause is a highly valuable clause in a tenant’s lease because it will grant the tenant the sole right to sell certain products or operate a certain type of business in the shopping center where it rents space.
Q & A
July 26, 2012
Q: Should you negotiate for your tenant to be responsible for removing some or all of the alterations it made during the lease?
Owner Loses
July 26, 2012
Facts: For 30 years, a fitness center leased space in a shopping center under a series of leases. After a fire damaged the center, the center’s owner made some repairs and asked the tenant to resume its operations in the space. The tenant, however, claimed that the repairs were incomplete;...
Owner Wins
July 26, 2012
Facts: A women’s clothing manufacturing company rented space in an office building. The chief executive officer of the company signed the lease on behalf of the company, gave a security deposit, and executed a “good-guy” guaranty, personally guaranteeing that the company would...
In the News
July 26, 2012
New findings show much-needed improvement in the nation’s real estate markets. As the CRE market continues to rebound in a lackluster economy, industry executives say multifamily development will continue to grow. However, they remain focused on initiatives that increase operational...
Feature
June 26, 2012
In a good economy, where commercial properties enjoy low vacancy rates, owners can more easily avoid giving termination rights to tenants. But in the past few years, more tenants have been negotiating to get them. Allowing a tenant to terminate its lease should be a last and final resort; generally...
Q & A
June 26, 2012
Q I own a shopping center in a neighborhood that’s undergoing “urban gentrification,” but still has some rough areas where petty crimes take place. The lower rent and extra space I can offer to tenants is attractive, but many of them want to negotiate an early exit strategy in...
Q & A
June 26, 2012
Q A current tenant is negotiating a move to another space in the same retail center I own. Which relocation costs are fair for me to pay, and what costs should I expect the tenant to cover?
A If the tenant is moving at your request, then it may negotiate for you to pay:
Q & A
June 26, 2012
Q To correct a building code violation, I took over the storage area in office building space that’s currently rented by a retail tenant. The tenant breached the lease by not complying with the building code, which it was required to do under our agreement. Now it claims that I’m in...
Owner Loses
June 26, 2012
Facts: A shopping center tenant signed a 10-year lease with a five-year extension option. Under the lease, the tenant had the right to renegotiate the terms of the extension period, including the rental rate. At the time that the tenant signed the lease, the center included several large tenants,...
