Online Alerts

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...

Negotiate Three Key Items in Lease for Unusual Space

December 1, 2017    

Unusual buildings—ones with “character,” a unique layout, or historic elements—can be wildly successful, but you’ll need to take into account marketing and leasing issues that may not be a factor when leasing traditional commercial properties.

Marketing your...

Get Right to Resort to Multiple Remedies

December 1, 2017    

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...

Reserve Right to Redesign Your Center Later

December 1, 2017    

Be careful when providing site plans to a tenant. It can accidentally lock you into plans for your center that you may want to change later without a hassle from the tenant. You never know what will happen that will require you to reconfigure any number of things at your property, and you need...

Control Tenant’s Right to Install Security Measures

November 8, 2017    

The number of violent crimes taking place at public venues in recent years has skyrocketed, with the Oct. 1 mass shooting of concert-goers in Las Vegas being the biggest attack in United States history. Owners of public spaces are reevaluating their security, some by asking outside security...

Don’t Get Caught Off Guard by Holiday Traffic

November 8, 2017    

The holiday shopping season—and its positive and negative effects on your property—won’t let up until the New Year. But you can start to prepare for a major issue, the inevitable increase in foot traffic at your shopping center, now by addressing two issues: traffic and time....

Keep a ‘Class A’ Property Looking Its Best

November 8, 2017    

It’s important to keep your office building or shopping center property in its best condition. This includes aesthetics—especially if it’s a Class A property or is located in an “upscale” neighborhood. But what can you do when a valuable prospective tenant needs to...

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...