Q & A

Negotiating Tenant’s Lease ‘Exit Strategy’

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

Apportioning Costs for Tenant’s Relocation in Current Center

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

Retaking Space After Tenant’s Lease Default

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

Thrift Store Wasn’t ‘Qualified Replacement’ for Retail Tenant

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,...
Owner Loses

'Kickout' Provision Didn't Require Specific Date of Termination from Tenant

June 26, 2012    
Facts: A retail tenant’s shopping center lease included a “kickout” provision, allowing it to terminate the lease if its annual gross sales during the fifth year of the lease term didn’t exceed $3.5 million. To terminate the lease, the tenant was required to give the owner a...
Feature

Leave Center's Site Plan Open to Change

May 29, 2012    
Before a prospective tenant signs a lease for space in your shopping center, it will want to know certain information about the center to make sure that the space will be advantageous to its business. The information it's interested in will most likely include items like the location of the...
In the News

Realtors: Tight Credit Choking CRE Loans

May 28, 2012    
While the commercial real estate market showed signs of recovery in 2011, credit tightened in the past year for small businesses, according to a National Association of Realtors (NAR) survey. NAR reported that 474 commercial real estate agents credited a lack of capital for soured deals on...
In the News

FTC: $860M CRE Acquisition ‘Anticompetitive’

May 28, 2012    
The Federal Trade Commission (FTC) is putting a damper on the U.S.'s largest provider of commercial real estate information services, breaking up what CoStar Group had hoped to be a lucrative combination of its services after acquiring LoopNet for $860 million. Although CoStar and LoopNet will...
Owner Loses

Lease Termination Delayed for Tenant to Cure Violations

May 28, 2012    
Facts: The owner of a building used as a supermarket terminated its tenant's lease and ordered it to move out of the space because the tenant had allegedly “incurably” defaulted on the lease—that is, violated the lease in a way that couldn't be fixed—by failing to...