Feature Articles

Negotiate Six Specifications in 'Assignment of Sublet Rents' Clause

April 26, 2017    

In theory, a sublet seems easy: When you let a tenant sublet its space, the subtenant pays the tenant its rent due under the sublease, and the tenant pays you its rent or percentage rent due under the lease. While that’s the way sublet scenarios are designed and expected to work, you can...

Use Indemnity Agreement to Ensure Tenant's Viability

April 26, 2017    

Performing due diligence on a prospective tenant is one way to try to determine whether the tenant is financially viable. But what if you end up leasing to a tenant that proves to be a risk, no matter how careful you thought you were when researching it? One example of a risky tenant is one that...

Strengthen Landlord's Self-Help Right to Protect Space, Avoid Wasting Time in Court

April 12, 2017    

A tenant’s lease violation is never good news for commercial real estate owners, but each type of violation has different consequences—ranging from annoying to disastrous. If your lease doesn’t give you a “self-help” right, you might find yourself facing the...

Protect Warranties from Being Voided by Tenant's Self-Help Effort

April 12, 2017    

A strong tenant forces you to give it a self-help right—that’s the right to step into your shoes to do important repair, maintenance, or replacement work if you fail to do that work. But suppose you have warranties on your roof and other items that restrict who can perform repair,...

Overcoming Tenant’s Request for Judgment without a Trial

April 12, 2017    

Q: A provision in my lease with a retail tenant specifies that the tenant must fix any damage to the elevator that it uses as part of its business. I recently discovered that the equipment has been damaged, so I sent a notice to cure to the...

Negotiate Circumstances for Tenant to Buy Its Leased Space

March 15, 2017    

It’s an undertaking for any tenant to scout out prospective commercial space, negotiate a lease, and then deal with the logistics and expense of moving into that space. So, after going through all of the effort to get established at a property, it’s not unusual for a big tenant that...

Accepting Rent After Taking Steps Toward Eviction

March 15, 2017    

Q: My tenant’s retail business is in trouble, but instead of closing, the tenant is trying to find a buyer. I had previously obtained an eviction order because the tenant had defaulted on its rent obligations. Now, the tenant has...

Explore Tax Advantages of Triple Net Leasing for Your Property

February 22, 2017    

If you own commercial property and are contemplating branching out and acquiring more properties, you might not know where to start. A good jumping off point is understanding what type of leasing opportunities are available—and their interplay with the commercial real estate market now....

Attract Advantageous Tenants with Unusual Concessions

February 22, 2017    

Vacancy rates are still a struggle for shopping center and office building owners in some areas. Maybe your local economy isn’t robust and businesses aren’t interested in new office space, your projections for how much foot traffic your center will see were higher in theory than in...

Include 10 Items in 'Event of Default' Definition

January 24, 2017    

Every lease gives an owner certain remedies, such as eviction or the collection of damages, that the owner can use if something the tenant does or fails to do fits the lease’s definition of an “event of default.” But what if your lease doesn’t clearly define what acts or...

Ensure Appropriate Signage Removal by Tenant

January 24, 2017    

When a lease ends, you’ll want the tenant to completely remove any interior and exterior signage it has at its space. But that doesn’t always happen. Sometimes the tenant fails to remove some or all of its signage, leaving the job for you. Other times, it removes the signage but...

Require Tenant to Cover Up Unsightly Equipment

January 24, 2017    

Q: The office building I own is located in an up-and-coming neighborhood that consists of retail, office building, and residential apartment properties. It’s a so-called “upscale” shopping and living area, and I’d like...