Feature Articles

Feature Articles



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...

Protecting Against Lost Rent for Tenant's Changed Circumstances

September 26, 2018    

Q: I own a mixed-use building that has retail stores on the ground floor and residential units on the floors above. The ground floor is specifically zoned for retail use. Should I factor in the potential for zoning changes in my leases, and...

Post Office Could Be Sent Packing After Eviction Suit

September 26, 2018    

An eviction suit filed against the U.S. Postal Service could speed up ambitious plans for redeveloping a huge downtown Milwaukee building. The owner is trying to evict its only tenant, which holds a lease that could extend until 2040. The owner filed a lawsuit in Milwaukee County Circuit Court...

Draft Favorable Work Letter Terms Before Construction Begins

August 30, 2018    

Many tenants need to customize the space they lease, whether it’s in an office building or shopping center. But altering space—even for simple improvements—can be complicated. So when signing leases, you’ll want to have a work letter agreement—a contract that...

Draft Narrow Termination Provision to Keep Tenant from Exiting Deal

August 30, 2018    

If you own office building or retail space you’re probably very reluctant to give a termination right to your tenants in their leases. You run the risk of losing a large amount of money; allowing a tenant to get out of its lease early can render costly improvements and other expensive...

Understanding Pros and Cons of ‘Additional Named Insured’ Status

August 30, 2018    

Q: The standard lease form that my attorney and I have used for the last several years requires a tenant to add me to its commercial general liability (CGL) policy as an “additional named insured.” But recently I have spoken with...

Check Conflicts of Interest Before Offering Deal Details

August 30, 2018    

Before retaining a real estate attorney for a new deal, don’t spend time and money disclosing the deal’s details to her before you are sure that no conflict of interest exists that could prevent her from fairly representing your interests. This applies whether the attorney is new to...