Feature Articles

Feature Articles



Protect Interests When Dealing with Financially Troubled Tenant

February 12, 2019    

While retail and office building owners field defaults of many kinds from tenants that fail to follow their lease terms, nonpayment of rent is the most common breach of a tenant’s lease. It signals bigger problems for you than just your bottom line being affected in the months that you don...

Don't Forget Beneficial Transportation in Operating Expenses

February 12, 2019    

If you’re the owner of a large retail property or several properties, you might decide to capitalize on the convenience factor and provide transportation for shoppers. While maximizing sales benefits you in the form of higher percentage rent and maintaining cotenancy obligations by...

Don't Accept Ambiguous Definition of 'Merchandise' in Use Clause

February 12, 2019    

An increasing number of retailers sell both new and “vintage” or consigned merchandise. But if you want a retail tenant’s space to be used solely or primarily for sales of new merchandise, then you’ll need to say this in the lease’s use clause. And be aware that...

Require Tenant to Offer Same Deal as Third Party for ROFR

February 12, 2019    

Some owners offer a tenant the right of first refusal (ROFR) to buy a building, should they decide to sell the property. If you decide to do this, make sure that you don’t get burned by the current tenant’s lower offer than a third party. When negotiating a lease with a tenant you...

Negotiate Hazardous Materials Cleanup with Medical Tenant

February 12, 2019    

Medical office tenants may pose environmental and safety risks if they generate hazardous materials and medical waste. Contamination of space can be a nightmare for you, but you can ameliorate this by requiring the tenant to return the space in the same condition that it was in when the tenant...

Determining Liability for Third-Party Damage

February 12, 2019    

Q:...

Manhattan Takes Second Place to London in CRE Investment

February 12, 2019    

Despite global financial uncertainty sparked by Brexit—that is, the impending withdrawal of the United Kingdom from the European Union—London retained its title as the world’s top destination for investment in commercial real estate in 2018, according to a new report by global...

Report: Canada CRE Continues to Thrive

February 12, 2019    

Canada’s commercial real estate growth is set to continue through the next year, according to Avison Young’s new report. The 2019 North America, Europe and Asia Commercial Real Estate Forecast reveals that factors such as historically low unemployment rates boosted the economy. For...

Get Consent from Tenant to Use Trademark and Logos to Your Benefit

January 17, 2019    

Despite the abundance of online retailers offering great prices and free delivery to customers at the click of a button, shopping centers have slowly but surely made a comeback since the economic downturn nearly 10 years ago. But it’s not enough for center owners to coast on customers...

Get Right to Increase Security Deposit After Key Events

January 17, 2019    

Security deposits are essential for commercial real estate owners to protect their interests when leasing space to tenants. That’s because a security deposit can be used in a number of ways to minimize the effect when a tenant doesn’t meet its lease obligations. But a security...

Negotiate Use of One Experienced Arbitrator for Extension Option Disputes

January 17, 2019    

“Alternative dispute resolution” (ADR) methods, including arbitration, are often used by commercial real estate owners to resolve differences with tenants out of court. Arbitration is a great solution for parties who are in disagreement about a single, clear-cut issue. Common, but...

Negotiate Eight Conditions for Sublease Without Consent

December 12, 2018    

Subleases can be more complicated than they seem. It’s not just a matter of allowing a tenant to give its space either temporarily or until the end of its lease to a replacement tenant. To protect themselves, owners should carefully draft sublease provisions.