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How to Protect Against Bounced Rent Checks

March 25, 2009    

Bounced rent checks are a major hassle. Your bank will charge you a fee for a bounced check, and then you will have to spend more time actually collecting the rent from the tenant. Also, by the time you redeposit the bounced check or get a new one from the tenant, the rent is way overdue.

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Cover 13 Points When Negotiating Garage Leases

March 25, 2009    

If you haven't negotiated a garage lease recently, you may find that there are numerous matters that you must pay particular attention to during negotiations. Unlike most commercial leases, garage leases contain an array of unique issues that are not commonly encountered in a typical leasing...

Tenant Signature Not Required on UCC Statement

February 26, 2009    

In “Get Rent Protection with Contractual Lien,” (Insider, February 2009, p. 1), we recommended getting the tenant's signature on the UCC financing statement when it was signing the lease.

Avoid Losing Letter of Credit to FDIC

February 26, 2009    

Time was, commercial property owners weren't terribly concerned about which bank issued the letter of credit securing its tenant's obligations under a lease. Banks were assumed to be solvent and well capitalized.

Don't Let Tenant's Rent Abatement Apply to Additional TIA

February 1, 2009    

Many tenants these days demand a tenant improvement allowance (TIA) that is substantially bigger than what you want to give. For example, you may want to give the tenant a $30-per-square-foot TIA, but the tenant demands $45 per square foot. If the tenant has good credit, you may give in and loan...

Add Five Bankruptcy Protections to Lease

January 1, 2009    

All signs point to the economy getting worse before it gets better. So, more than likely, you are going to have your fair share of tenant bankruptcies. Be prepared by negotiating certain bankruptcy protections with all your tenants.

Draft ‘Grill Shop’ Restriction Carefully

January 1, 2009    

When negotiating a lease with a prospective tenant that plans to operate a restaurant it considers to be a “grill shop,” the tenant may demand that you agree not to rent space in your center to another grill shop. But if you agree to such a restriction, you may be unable to rent...

Annual Index

January 1, 2009    

Condition Rent Break on Including Off-Site Sales in Percentage Rent Calculation

January 1, 2009    

You might agree to give your retail tenant a rent concession—such as below-market minimum rent—to persuade it to sign your lease. And in return for the concession, you would expect the tenant to pay you a lot of percentage rent if its business takes off.

Seven Tips for Licensing Space to Kiosks

November 30, 2008    

U.S. retail sales dropped 2.8 percent in October, and analysts don't expect the situation to improve anytime soon. The bad news has owners all over the country wondering how they're going to maintain a steady stream of revenue during this dismal holiday shopping season. Some are banking...