Feature Articles

Protect Interests When Leasing Mixed-Use Space

August 8, 2017    

Mixed-use properties have become ubiquitous in most areas of the country. Often, they make the most of a property’s layout, especially in tight urban neighborhoods—providing easy-to-access commercial space on a first floor and residential units on the floors above so no space is...

Protect Your Interests When Leasing to Franchise Tenant

July 21, 2017    

The goal when leasing to tenants at your center—and especially those that pay percentage rent—is to pick businesses that draw the most customers. If a product or service is a “favorite” of a customer, there’ll be repeat business. For this reason, leases with...

Include Six Requirements in Lease with Limited Liability Tenant

July 21, 2017    

Not all tenants are created equal when it comes to the way they are organized. That is, whether a tenant is a professional corporation, professional limited liability partnership, or professional limited liability company matters during lease negotiations, and it should guide the guaranty...

Don't Lease to Tenants 'Off Brand' from Synergy

July 21, 2017    

Although the model of the traditional shopping mall—one or more big box or anchor stores as a destination and smaller in-line tenants that benefit from the foot traffic—has changed over the years, the concept of a synergistic relationship among tenants continues. Convenience is key...

Design Crowd Control Strategy for Holiday Season

July 21, 2017    

With the start of the holiday season coming up, kicked off by Halloween and ending after Christmas, you should start to prepare for the inevitable increase in foot traffic at your shopping center. You can do this by addressing two issues: traffic and time.

Fed Proposes Raising Bar for CRE Appraisals

July 21, 2017    

In a notice of proposed rulemaking the Federal Reserve Board said it wants to raise the threshold for commercial real estate transactions requiring an appraisal to $400,000. The Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency noted that raising this...

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...