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How to Compromise on Permitting Non-Retail Uses in Shopping Center

June 25, 2024    

Consider four forms of compromise.

 

 

For anchors and retail tenants with bargaining clout, the name of the game is drawing as many shoppers to the shopping center as possible. So, they’re apt to insist that the landlord refrain from renting to offices,...

Make 15 Lease Revisions When Tenant Is a Legal Marijuana Business

May 28, 2024    

Both cultivators and retailers pose unique challenges.

 

 

Don't Leave Blanks in Printed Lease Forms

May 28, 2024    

If you use a standard lease form that includes blanks for listing appropriate information, don’t leave any of the blanks empty. If you do and end up in a dispute with a tenant, you open the door to the court’s interpreting the meaning of the blank space using “parol” or...

Send Required Notices Even If Tenant Already Has the Information

May 28, 2024    

It’s important to send tenants and other parties all notices the lease requires you to provide even if you think they already know the information the notice contains. Your supposition about the tenant’s knowledge may be 100 percent correct. But even if the required notification...

Cap Gross Sales Exclusions that May Generate Profit for Tenant

May 1, 2024    

Percentage rent leases commonly permit tenants to deduct or exclude certain kinds of transactions that don’t generate a profit for the tenant from the gross sales on which percentage rent is due. Typical examples include revenues from gift wrapping, deliveries, repairs to items purchased...

Ask 10 Questions Before Leasing to a “Legal” Marijuana Business

April 29, 2024    

Your due diligence must account for special legal risks.

 

 

At least some form of marijuana is now legal in all but six states. In addition to a wildly popular product, marijuana ventures have lots of capital and a pressing need for commercial space, especially...

NY Court Ruling Throws Wrench into Use of “Good Guy Guarantee”

March 29, 2024    

Ramifications could extend beyond New York.

 

 

Get Right to Take Direct Legal Action Against Defaulting Subtenants

March 29, 2024    

Allowing tenants to sublease the property they lease from you to third-party subtenants over whom you have no direct control carries a degree of risk. Since you don’t have a direct contract with the subtenant, you may be dependent on the tenant to enforce the terms of the sublease and have...

Put a Cap on Gross Sales Exclusions that May Generate Profit for Tenant

March 29, 2024    

Percentage rent leases commonly permit tenants to deduct or exclude certain kinds of transactions that don’t generate a profit for the tenant from the gross sales on which percentage rent is due. Typical examples include revenues from gift wrapping, deliveries, repairs to items purchased...

Don't Let Tenant Estoppel Certificate Delay Jeopardize Your Sale or Loan

February 27, 2024    

Here’s how to motivate tenants to sign estoppel certificates promptly.

 

 

Give Desirable Tenant Early Termination Rights for Noxious Odors

February 27, 2024    

But set clear limitations.

 

 

Commercial leases typically require tenants to refrain from creating nuisances that interfere with other tenants’ use and enjoyment of their property. The problem is that “nuisance” is often in the eye of the...

Set "Reasonable" Time, Place, Manner Rules for Free Speech Activities at Center

January 30, 2024    

Balance your need to maintain order with the rights of political groups.

 

 

This November’s presidential election may be the most volatile in recent memory. In the months ahead, political groups and protestors may demand access to the common areas of your...