Feature
August 30, 2012
Many important events and options for you and your commercial tenant are measured from your lease’s commencement date. The commencement date controls critical information, such as when the lease will expire, when rent starts, and when the tenant’s special options must be exercised.
Q & A
August 30, 2012
Q: If my tenant causes damage to the space it rents from me, or is responsible for accidents or injuries that happen there, it’s only fair that the tenant should pay for them. Is there a way to make the tenant pay for damage it causes and also help me to avoid responsibility for damages I...
Owner Wins
August 30, 2012
Facts: An employee of a truck rental company tenant sued the property’s owner for negligence, after the employee injured his back when he stepped into a hole in the floor of a tire “shed” that was on the property the owner leased to the tenant. The owner asserted that it owed no...
Owner Loses
August 30, 2012
Facts: A fast-food restaurant signed a five-year lease with the owner of a building that had been used previously for a similar restaurant. Under the lease, the owner represented and warranted to the tenant that there were no existing restrictions, building and zoning ordinances, or other laws or...
Owner Wins
August 30, 2012
Facts: A real estate company rented a corner store and partial basement of a building for a 10-year lease term. The tenant paid $42,000 as a security deposit. Two guarantors also signed separate written guaranty agreements, guaranteeing full performance of the terms of the lease, including rent...
In the News
August 30, 2012
A new National Association of Realtors (NAR) report is crediting sluggish job creation and a lack of loan availability for slow CRE recovery. The NAR study noted that, in particular, vacancy rates in the office sector are expected to fall from an estimated 16.1 percent in the third quarter of this...
Drafting Tips
August 9, 2012
A creditworthy tenant dealing with an overly cautious lender may be confident that its financing will go through, but won’t want to wait until the deal is complete before it signs the lease. Don’t be surprised if the tenant asks you to give it early access to its space, so that its...
In the News
August 9, 2012
Shopping mall owner and manager Glimcher Realty Trust has come up with a tenant-mix formula that’s outsmarting the Internet competition that has been threatening the success of its retail properties. Glimcher’s malls are increasingly renting to businesses that provide services and...
Feature
July 26, 2012
An exclusive use clause is a highly valuable clause in a tenant’s lease because it will grant the tenant the sole right to sell certain products or operate a certain type of business in the shopping center where it rents space.
Q & A
July 26, 2012
Q: Should you negotiate for your tenant to be responsible for removing some or all of the alterations it made during the lease?
