Feature Articles

Feature Articles



Get Consent from Tenant to Use Trademark and Logos to Your Benefit

January 17, 2019    

Despite the abundance of online retailers offering great prices and free delivery to customers at the click of a button, shopping centers have slowly but surely made a comeback since the economic downturn nearly 10 years ago. But it’s not enough for center owners to coast on customers...

Get Right to Increase Security Deposit After Key Events

January 17, 2019    

Security deposits are essential for commercial real estate owners to protect their interests when leasing space to tenants. That’s because a security deposit can be used in a number of ways to minimize the effect when a tenant doesn’t meet its lease obligations. But a security...

Negotiate Use of One Experienced Arbitrator for Extension Option Disputes

January 17, 2019    

“Alternative dispute resolution” (ADR) methods, including arbitration, are often used by commercial real estate owners to resolve differences with tenants out of court. Arbitration is a great solution for parties who are in disagreement about a single, clear-cut issue. Common, but...

Negotiate Eight Conditions for Sublease Without Consent

December 12, 2018    

Subleases can be more complicated than they seem. It’s not just a matter of allowing a tenant to give its space either temporarily or until the end of its lease to a replacement tenant. To protect themselves, owners should carefully draft sublease provisions.

Paying for Tenant's Improvements Without Giving Express Consent

December 12, 2018    

Q: I signed...

CRE Brokers Have High Hopes for Dispensary Deals

December 12, 2018    

A new survey of commercial real estate brokers who have done lease deals for space for marijuana businesses reveals that—despite the difficulty of negotiating such leases—they would try again. The survey comes after voters have approved the legalization of marijuana in three more...

Use Radius Clause to Protect Your Percentage Rent from Tenant

November 14, 2018    

Making a profit from tenants at your shopping center or mall depends on many factors—one of which is the key percentage rent arrangement. Percentage rent allows you to collect not only base rent, but also a percentage of the tenant’s gross sales done at the space it leases from you....

Can Tenant Exercise Purchase Option Despite Missing Deadline?

November 14, 2018    

Q:  A tenant negotiated an option to purchase the space it will be leasing from me at one of my free-standing properties, after it has operated there for a certain number of years. The notice requirements for exercising the purchase...

Get Control Over Content in 'Short-Form Lease'

October 18, 2018    

If you own a shopping center or office building and have financial difficulties, you may be dealing with one, or even several, liens filed against the property. A savvy tenant knows that if it doesn’t have priority if you become bankrupt, it could be dramatically affected, up to and...

Spell Out Right to Keep Unapproved Sublet Profits

October 18, 2018    

When you negotiate a lease with a tenant, you and your attorney try to cover all your bases—drafting provisions that protect you in every conceivable circumstance under which the tenant would breach the lease during the lease term. However, one situation isn’t as common as other...

Prevent Detrimental Effects of Large National Tenant's Use Change

September 26, 2018    

Owners who lease space to large national retail tenants know that their demands can be hard to resist. Use of the space is the number one concern for these tenants. Often, they ask for flexibility in their use of the space that puts owners at a disadvantage. A lease that allows a tenant to use...

Use 'First-Run' Language in Movie Theater's Use Clause

September 26, 2018    

If you own a shopping center or mall, you know that the success of your tenants is connected to the amount of foot traffic that you can bring in. Movie theaters are a great example of one type of tenant that attracts crowds. But not all movie theaters show films that are of interest to a wide...