Feature, Drafting Tips, In the News, Plugging Loopholes, Resolving Disputes, Negotiating Tips, Q & A, Dos & Don'ts

Pass Through Off-Site Traffic Improvement Costs to Tenants

July 25, 2010    

Most shopping center owners provide off-site traffic improvements—such as special signage and lighting in areas leading to the center—to their tenants. These improvements benefit both owners and tenants because they help increase customer traffic, which means more sales at the center...

Explaining Actual Accessible Office Space to Prospective Tenant

June 29, 2010    

Q A prospective tenant responded to an ad that I placed for vacant space in the office building I own. It needed 10,000 square feet to accommodate its employees and equipment, and had budgeted roughly $8,500 per month for base rent. The...

Gulf Oil Spill Harming Market

June 29, 2010    

For the past few years, commercial property owners in the Gulf Coast haven't had much to celebrate. Now the problem has gotten worse as a result of the BP oil spill.

Custom Build Lease to Avoid Fatal Flaws

June 29, 2010    

All office building and shopping center leases should have the same basic provisions that address the rules and regulations for how the property will operate, such as rent collection, allocation of CAM costs, exclusives and co-tenancy rights, operating hours, and security measures. But owners...

Drop in Commercial Property Values Stalls Rebound

May 31, 2010    

U.S. commercial real estate values fell in March, pushed lower by a quarterly drop in retail and office properties in the biggest metropolitan areas, according to the most recent report from Moody's Investors Service, Inc.

The Moody's/REAL Commercial Property Price Index fell 0.5...

Limit Noise Rights to Protect Right of Quiet Enjoyment for Center Tenants

May 31, 2010    

In every commercial real estate lease a tenant has the right to quiet enjoyment of the space it rents. While all of your shopping center tenants are entitled to enjoy the use of their space, some may own businesses that generate noise, play loud music, or attract customer lines or crowds that...

Draft Favorable Attorneys' Fees Clause

May 31, 2010    

An attorneys' fees clause in a commercial real estate lease defines who will pay the legal fees for a dispute between the tenant and owner. It is critical to draft an attorneys' fees clause in your retail or office building lease that makes the tenant responsible for any legal fees...

Protect Yourself When Negotiating Access to Premises Clauses

April 27, 2010    

By Mark Morfopoulos, Esq.

Although an owner should rightfully consider its building to be its own, once it signs a lease with a tenant, that tenant has a right to exclusive possession of its space. To ensure that an owner has access to the space after it has given up these...

Consider Long-Term Consequences Before Renegotiating Mortgage

April 27, 2010    

If you're struggling, you may be considering renegotiating your mortgage. Although mortgage renegotiation may temporarily help your cash flow problem, be aware that it may not be a permanent fix.

The risk involved—and the amount of leverage you have—in renegotiating will...

Seattle's Biggest Owner Banks on Strategic Default

April 27, 2010    

Seattle's biggest office owner, Boston-based Beacon Capital Partners, has already defaulted on one major loan and has stopped making payments on a $2.7 billion loan that it used to buy two major Seattle-area properties and 11 others in Washington, D.C., in 2007, at the height of the market...

Strong Pulse for Boston's Commercial Real Estate Markets

April 11, 2010    

Greater Boston's commercial real estate community appears to be among the healthiest in the country, in terms of the percentage of properties that have remained current on their debt payments. Currently, only 2.7 percent of the region's property loans packaged in commercial mortgage-...

Calculating Square Footage Fairly

April 11, 2010    

Q I lease the second floor of my two-story commercial building to a dance studio. I would like to include the stairs leading to the dance studio in the square footage. Is it customary, or even legal, to include stairs leading to a second story office...