Online Alerts

Get Key Protections if Tenant Requests Landlord’s Lien Waiver

April 13, 2018    

Tenants often seek financing to help them run their businesses, so you have probably gotten numerous requests from tenants for a “landlord’s lien waiver.” Without the lien waiver, a tenant’s lender may refuse to go through with the loan, or an equipment lessor may refuse...

Broaden Right to Exercise Remedies

April 13, 2018    

Like many owners, you may have certain tenants that commit the same lease violation over and over. But they always cure—that is, correct—the violation before it becomes a lease default. For instance, they repeatedly pay their rent late each month.

Avoid Lease Termination Over Spaces Under Renovation

April 13, 2018    

If the office building you own has multiple common areas and some meeting spaces that are reserved specifically for certain tenants that are usually available for use, they are likely a selling point for some tenants. But if the building is undergoing work to update and refresh those spaces...

Use Due Diligence to Ensure Success with Restaurant Tenant

March 2, 2018    

Commercial property owners know that having a visible and successful restaurant is not only lucrative, but also can be an amenity that improves the image of the property and provides an essential service to residents and other tenants or occupants of an office building, shopping center, or mixed...

Don’t Forget to Address Transfer of LLC Interests in Lease

March 2, 2018    

Assignments can work in both a commercial property owner’s and tenant’s favor in certain circumstances. But there also are times when an assignment could be harmful. For example, if you’ve found a tenant that’s perfect for your retail space, but because of the synergy you...

Make Sure CAM Responsibilities Match in Lease Documents

March 2, 2018    

Sometimes, in addition to the lease itself, a tenant and owner will sign a common area maintenance agreement. If that’s called for, be very careful about making sure that the terms in both documents match. Otherwise, any ambiguity could lead to a court battle. That was the case for a movie...

Draft Detailed Agreement for Tenant’s Early Occupancy Work

February 2, 2018    

Don’t be surprised if a prospective tenant asks you to give it early access to its space before all aspects of your deal are finalized. Some tenants are confident that their financing will go through and that other issues will be resolved without incident. A common reason in retail leasing...

Leave Room to Change or Eliminate Amenities

February 2, 2018    

Some commercial tenants require certain amenities and they won’t sign leases for space if they don’t get them. But you may be concerned about what would happen if you have to get rid of amenities. So how can you carve out a right to eliminate amenities in the future if it becomes...

Mall Investor Sees Goldmine in U.S. Luxury Market

February 2, 2018    

The typical American shopping mall landscape has changed drastically—and for the worse—in recent years, in large part because nearly every item sold from a traditional brick-and-mortar store can be purchased online. Consumers who would rather devote time to things other than driving...

Shift ADA Responsibility, Cost to Tenants

January 5, 2018    

Violating the Americans with Disabilities Act (ADA) can be costly for commercial real estate owners. It’s a complicated law with nuances that create pitfalls for owners. While the ADA is detailed in terms of spelling out under what circumstances a building’s or a tenant’s space...

Avoiding Eyesores from Tenant’s Equipment

January 5, 2018    

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...

Responsibility for Ice Removal Could Depend on ‘Multi-Tenant’ Nature of Center

January 5, 2018    

Slip-and-fall accidents at commercial properties are, unfortunately, ubiquitous in the wintertime. As the owner of the property you’re likely to be pulled into any lawsuit. But whether you end up being financially responsible will be determined largely by whether it’s you or the...