Online Alerts

Explore Mediation as First Stop to CRE Dispute Resolution

October 11, 2017    

When you think about settling a dispute with a tenant without going to court, arbitration as an alternate dispute resolution method might immediately come to mind. That’s because arbitration is widely known and talked about in commercial real estate. But before you pursue arbitration,...

Keep Tenant Synergy Consistent at Center

October 11, 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...

Spell Out Signage Specifications in Lease

October 11, 2017    

Signage rights are hotly contested for some leases, and particularly those with retail tenants. After all, prominent signs can draw foot traffic to a store. Ambiguous signage provisions can create a dispute that could’ve been avoided if signage had been addressed in negotiations and...

Collect Rent from Small Tenant While Waiting for Larger, Ideal Tenant

September 13, 2017    

Owning a large retail or office building property can be lucrative. After all, if the rent rate is based on the square footage that a tenant rents, a vast space has the potential to pull in more money than a small one. But profiting from the sheer size of your property isn’t a given. To...

Covenant of Good Faith and Fair Dealing Doesn’t Help Owner

September 13, 2017    

Sometimes, no matter how well-negotiated your lease is, you could still be subject to a tenant’s whim regarding certain issues, like the tenant giving its consent to changes at your shopping center or office building. And you might think that because you and the tenant are sophisticated...

Inevitable Increase in Foot Traffic at Your Shopping Center

September 13, 2017    

With the start of the holiday season coming up, kicked off by Halloween and ending after Christmas, it's wise for you to design a crowd control strategy for the holiday season at your shopping center. Here’s a plan that you can implement:

Key Provisions Keep Mixed-Use Property Profitable

August 18, 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...

Ensure Right to Evict Tenant from Space

August 18, 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...

Don’t Lose Out on Gross Sales from Tenant

August 18, 2017    

Q: I’ve negotiated percentage rent provisions in my leases with several of my retail tenants at the shopping center I own. I’m relying on these tenants to give me correct gross sales figures so that I can get the percentage rent...

Can You Control Restaurant Tenant’s Use of Patio Area?

July 6, 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 Limit Parties Protected by 'Additional Insured' Term

July 6, 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...

Are You Justified in Withholding Consent to Reduced Rent Sublease?

July 6, 2017    

Occasionally, a tenant will want or need to leave its space that it rents in your shopping center or office building. But that can create a financial burden for you. Even if it’s the tenant’s responsibility under the lease to mitigate the damage caused by breaking its lease, it could...