Feature Articles

Negotiate Safeguards for Patio Restaurant Tenant

June 21, 2017    

With the failure rate of new restaurants hovering around 59 percent in the first three years of opening, it’s not surprising that restaurant owners are trying to come up with a hook—a theme, a specific type of ambiance, or discounts for certain groups or time periods in the day or...

Don't Forget Nonwaiver Provision to Help Evict Tenant

June 21, 2017    

An eviction right in your lease is invaluable if things go south with a tenant who fails to pay rent, but you could undo what might’ve been a hard-won right for you in negotiations if you accept some, but not all, of the overdue rent even after you’ve started the eviction proceeding...

Expand Parties Covered in 'Additional Insured' Term

June 21, 2017    

Sometimes a lawsuit stems from someone being injured in your tenant’s space. Savvy shopping center and office building owners know that they can protect themselves by requiring the tenant to name them as an “additional insured” on their liability insurance policies. But if your...

Expert: Troublesome Excess Office Space on the Horizon

June 21, 2017    

Commercial real estate brokerage giant Cushman & Wakefield’s global chief economist, Kevin Thorpe, has warned that an oversupply of office space is likely and that such a glut could become scary for a market that has only recently begun to recover from the economic downturn of nearly a...

Don't Let Tenant's Limits Render Guaranty Useless

May 18, 2017    

At first, a guaranty from a tenant that you’re unsure about seems like a great safety net. Another party will take over the tenant’s lease obligations if it fails to do so itself, so you won’t be left on the hook trying to mitigate the financial or other damage. In isolation, a...

Keep Crowds Under Control at Your Property

May 18, 2017    

Depending on the particular synergy of tenants that you are going for, renting space to a restaurant tenant may be a desirable way to fill up space in your building or draw customers to your center. But problems can arise with restaurant tenants that just don’t apply to retail tenants. For...

Negotiate Authorization to Charge Tenants for Upgraded Security

May 18, 2017    

Continuing advances in technology have made it easier than ever for commercial real estate owners to have the most effective security equipment for their properties. But upgrading and increasing security measures is expensive. And although the right security plan can save you money from...

Getting a Lease Termination Right for Tenant with Incorrect Gross Sales Report

May 18, 2017    

Q: I’ve negotiated percentage rent provisions in my leases with several of my retail tenants at the shopping center I own. I’m relying on these tenants to give me correct gross sales figures so that I can get the percentage rent...

Economists: CRE Industry Stays Steady through 2019

May 18, 2017    

A new three-year economic forecast from the Urban Land Institute (ULI) Center for Capital Markets and Real Estate predicts that the U.S. economy and commercial real estate industry are, in general, expected to experience moderate growth through much of 2019. The ULI Real Estate Consensus...

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...