Feature Articles

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...

Require Tenant to Meet 23 Conditions Before You Agree to Recognize Sublease

December 16, 2016    

The ability to turn a profit by selling products online has in recent years drastically reduced some business’s need for physical space. But commercial real estate leases tend to have terms that span several years, and sometimes decades, so a tenant could’ve signed a 20-year lease at...

Don't Share Profits with Tenant Whose Space Has Been Recaptured

December 16, 2016    

When negotiating your leases, you may want to include a recapture right that you can exercise if the tenant intends to assign its lease or sublet all or part of its space. And you may want to include a profit-sharing clause that will require the tenant to pay all or part of any profit it makes...

Don't Give Tenant Consent Right to Change Unit Number

December 16, 2016    

If a tenant wants you to specify the number of its unit, store, or suite in the lease, then say in the lease that the tenant’s unit, store, or suite is “presently known as [insert Unit/Store/Suite number, e.g., 4B]. The phrase “presently known as” will...

Don't Use Latin Phrases in Lease

December 16, 2016    

Avoid using Latin phrases—such as, ipso facto and inter alia—in your leases. Instead, use English words that mean the same thing. For instance, instead of saying “ipso facto,” say “of itself” or “by the mere fact.” And instead of saying “...

Don't Waste Money Proving that You Have Remedies

December 16, 2016    

When listing your remedies in a lease clause—for example, the option to terminate the tenant’s lease if the tenant stops operating its business—always start with the phrase: “In addition to any other rights and remedies available to Landlord under this Lease or at law or...

How to Choose a Lease Commencement Date

November 22, 2016    

Setting a workable commencement date for a lease to begin is one of the most important aspects of lease negotiations. But it often isn’t thought through by either owners or tenants. As with many overlooked parts of a lease deal, it takes a back seat to big ticket items like cotenancy...

Spelling Out Who's Responsible for Ice Removal in Common Areas

November 22, 2016    

Q: I’m a first-time shopping center owner in a northern state where snow and ice is prevalent in the winter. I’m afraid that if shoppers slip and fall in the common areas outside tenants’ stores, they’ll sue me. If my...