Feature Articles

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...

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...

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...

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,...

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...

Deeming Transfer of LLC Interests as Assignment

September 21, 2017    

Q: I’ve found a tenant that’s perfect for my retail space. Because of the synergy I’ve created among tenants at the shopping center, it’s crucial that this tenant mustn’t assign its lease to any type of business...

Maximize Options for Collecting Rent from Large Space

August 24, 2017    

Owning a large retail or office building property can be lucrative. After all, if the rent rate is based on the square footage that a tenant rents, a vast space has the potential to pull in more money than a small one. But profiting from the sheer size of your property isn’t a given. To...

Carve Out Right to Future Financially Viable Rent Rate

August 24, 2017    

In order to entice a tenant you might offer very competitive initial rent. At the same time, you need to make sure that you maintain a certain level of income over time. Rent adjustments are typically a part of negotiations with a prospective tenant for space at the property you own. But if you...

Add Three Protections to Lease with High Electricity Consumption Tenant

August 24, 2017    

Tenants who have a high electricity consumption can pose problems that you might not have considered when negotiating your leases. And a tenant that uses a typical amount of electricity now could need more later, or sublet or assign its lease to a high-power tenant. So, the message should be in...

Protect Interests When Leasing Mixed-Use Space

August 8, 2017    

Mixed-use properties have become ubiquitous in most areas of the country. Often, they make the most of a property’s layout, especially in tight urban neighborhoods—providing easy-to-access commercial space on a first floor and residential units on the floors above so no space is...

Protect Your Interests When Leasing to Franchise Tenant

July 21, 2017    

The goal when leasing to tenants at your center—and especially those that pay percentage rent—is to pick businesses that draw the most customers. If a product or service is a “favorite” of a customer, there’ll be repeat business. For this reason, leases with...

Include Six Requirements in Lease with Limited Liability Tenant

July 21, 2017    

Not all tenants are created equal when it comes to the way they are organized. That is, whether a tenant is a professional corporation, professional limited liability partnership, or professional limited liability company matters during lease negotiations, and it should guide the guaranty...