Require Written Consent to Install Holiday Decorations
While the holiday season can benefit your shopping center by bringing in more foot traffic and increasing sales, it can also create conflicts over festive signs and displays. You may encounter a tenant that puts up a large holiday display that isn’t in keeping with the appearance of your center’s aesthetic. But if its lease doesn’t prohibit it from setting up holiday displays or signs, you might not be able to prevent it from doing this, especially if its lease was entered into before you bought the center. But, you can include provisions in future leases barring tenants from putting up any kind of sign or display without your prior written consent. To get control over all signs and displays, including holiday-themed ones, keep your right to use your discretion broad when approving signs. Ask your attorney about adding this language to your lease’s signage clause:
Model Lease Language
Tenant shall not erect, install, or display any sign or display on or visible from the exterior of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. All signs and displays erected, installed, or displayed on both the interior and exterior of the Premises shall be of first-class professional quality and design. If required by Landlord, Tenant shall, subject to first obtaining Landlord’s prior written approval as to size, design, location, specifications, and method of installation, at Tenant’s sole expense, install, maintain, and operate an illuminated sign or other advertising material on or visible from the exterior of the Premises, which sign shall remain the property of Tenant. Tenant shall keep signs illuminated during such hours as required by Landlord.