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Key Concessions to Help Attract Tenants During Downturn

October 31, 2008    

On Oct. 3, 2008, President Bush signed the Emergency Economic Stabilization Act of 2008 into law. This so-called bailout package is considered a necessary evil to move our economy in the right direction, but experts warn that it's far from a quick fix and expect the turnaround to be a slow...

Boost Retail Tenant's Minimum Rent with Last Year's Percentage Rent

October 31, 2008    

If you're like most owners, you're searching for new leasing strategies to increase your rent revenues. Here's one to consider if you're negotiating a percentage rent lease with a retail tenant that doesn't have a lot of negotiating power, suggests Florida attorney Oscar R....

Control Telecom Service Provider's Use of Garage Rooftop

September 25, 2008    

If you have a freestanding parking garage, make sure that if a telecom service provider (TSP) puts its antenna on the rooftop of your parking garage, you'll get paid for that use.

Beware of Traps in Standard Rooftop Lease Agreements

September 25, 2008     Mark Morfopoulos, Esq.

A cell phone service provider's offer to lease a portion of your building's rooftop may seem like easy money. But if you agree to the provisions in a standard rooftop lease without carefully analyzing each clause in the agreement, you will probably regret the decision.

We'll...

Make Sure Subtenant Waives Its Right to Jury Trial

September 25, 2008    

If you and a tenant wind up in court, it's usually to the tenant's advantage to have a jury—not a judge—decide the dispute. That's because juries are typically biased against the owner. Therefore, if your lease is like most, you've included a protective clause that...

Collect CAM/Operating Cost Increases During Year

September 25, 2008    

Hurricane Ike's push into Texas, home of nearly one quarter of the nation's refining capacity, had a significant impact on gas prices across the nation. Several states, many of which were not in the tropical storm's path, saw gas prices that surpassed the $4 a gallon mark, with some...

Don't Let Tenant that Defaults or Goes Dark Enjoy Special Perks

September 8, 2008    

When negotiating a lease with a prospective tenant, you may agree to give one or more special perks to entice that tenant to sign your lease. For example, you may agree to give it free-rent concessions, building naming and signage privileges, a right of first offer, a cotenancy right, an...

Require Tenants to Comply with Fire Evacuation Plan

September 8, 2008    

The safety of your tenants and their employees and customers is vital to the success of your business'as well as to your peace of mind. You don't want to wait until you are faced with an emergency, such as a fire, to find out that you don't have an adequate emergency response and...

Make Tenant Acknowledge Independent Investigation

September 8, 2008    

Before signing a lease with you, a savvy prospective retail tenant may independently investigate your center's business operations, rather than relying solely on what you say about them. Therefore, the tenant should have only itself to blame if its store fails.

Require Tenant to Pay for All of Its Parking Spaces, Even Unused Ones

September 7, 2008    

You may agree to give a tenant the right to use a set number of parking spaces at your building or center in return for a parking fee. But if your lease is like many we've seen, it may have a loophole that could result in a tenant paying you far less in parking fees than you expected. Here...

Avoid Disputes over Meaning of 'Specialize' in a Certain Cuisine

September 7, 2008    

You may be negotiating a lease with a restaurant tenant that wants to be the only restaurant at your center to “specialize” in a certain type of cuisine'such as seafood. And it may demand that you agree in the lease not to rent space to any other tenant that specializes in that...

Require Tenant to Maintain Elements of Space that Aren't Clearly Interior or Exterior

September 7, 2008    

Your lease may make a tenant responsible for doing all interior maintenance work at its space, while you're responsible for doing all exterior maintenance work. Although you may think that distinguishing between the interior and exterior of the tenant's space is a snap, think again....