Feature Articles

Meticulously Draft ADA Requirements Throughout Lease

December 20, 2017    

Violating the Americans with Disabilities Act (ADA) can be costly for commercial real estate owners. It’s a complicated law with nuances that create pitfalls for owners. While the ADA is detailed in terms of spelling out under what circumstances a building’s or a tenant’s space...

European Mall Operator Banks on Luxury Mall Success in U.S.

December 20, 2017    

The typical American shopping mall landscape has changed drastically—and for the worse—in recent years, in large part because nearly every item sold from a traditional brick-and-mortar store can be purchased online. Consumers who would rather devote time to things other than driving...

Negotiate Flexibility to Change Shopping Center at Later Date

November 22, 2017    

The design, practicality, and price of interior retail space are big ticket items when a tenant is deciding to lease space in a shopping center. But what a tenant can get and for what price doesn’t matter if other elements at the center don’t work for the tenant. Just as landlords...

Limit Tenant's Hours Cotenancy Clause Remedies

November 22, 2017    

An hours cotenancy clause—which says that a tenant will be required to open during the center’s normal hours of operation only if a certain percentage of other tenants are also open—is a typical provision in retail leases. But like many other lease issues that seem ordinary at...

Get Control Over Tenant's Right to Amenities

November 22, 2017    

Q: Most tenants at my property require certain amenities and they won’t sign leases for space there if they don’t get them. But I’ve heard of circumstances under which office building and retail property owners have had to...

Report: Slow and Steady Could Win CRE Race in 2018

November 22, 2017    

Finally, after years of fluctuation that only sometimes favored the commercial real estate market, experts have predicted that slow and steady progress will rule the day—at least for 2018. Accounting firm giant PricewaterhouseCooper (PwC) and the Urban Land Institute (ULI) have put out...

Report: Tenant Demand Grows for Reconfigured Former Box Store Space

November 22, 2017    

As online shopping has become ubiquitous over the past several years, with e-commerce giants like Amazon offering seemingly every product under the sun and with free delivery for subscribers, retail tenants that have set up shop in centers and malls have suffered from sales slumps, more or less...

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...