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Draft Nonwaiver Provision to Collect Partial Rent After Eviction Notice

September 29, 2014    

If you have a tenant that fails to pay its rent, you may decide to send it an eviction notice so that you can kick it out of its space—and even start the eviction proceeding. But if the tenant pays you some—but not all—of its overdue rent after getting your eviction notice (and...

Increasing Foot Traffic for Holiday Season

September 29, 2014    

Q: My shopping center tenants are looking forward to the upcoming holiday season, when their businesses typically have more customers—and higher profits, which also benefit me by boosting the percentage rent I can collect. But foot...

Landlords Fear Effects of NYC Council CRE Bill

September 29, 2014    

The commercial real estate industry is up in arms over a New York City Council bill that aims to change the city’s commercial lease renewal process. One effect of the proposed Small Business Jobs Survival Act would be the creation of a new city-supervised mediation program for lease...

Secondary Markets Heading into First Place

September 29, 2014    

A 2014 Commercial Real Estate Outlook Survey conducted by tax advisory firm KPMG shows that secondary markets are proving to be a first choice for many commercial real estate executives as the economy continues to pick up. CRE investors are looking to develop assets and deploy capital in...

Include Three Key Points in Lease Audit Provisions

August 27, 2014    

Operating costs are one of the main cost concerns for both retail and office building tenants. So they’re one of the first things on a tenant’s radar when it’s looking to cut costs. A tenant trying to trim operating costs can spell trouble for you, however, if believing that it...

Include Two Protections in Eminent Domain Clause

August 26, 2014    

Some tenants that turn out not to be able to afford the rent for their space are upfront with their owners and try to deal with the situation the best way they can. Unfortunately, you may someday be faced with a tenant that must move out of its space before the end of its lease, but tries to get...

Reducing Risk of, Liability for After-Hours Crimes

August 26, 2014    

Q: A shopping center near mine has experienced vandalism and at least one burglary recently. The crimes took place after hours. I’m afraid that my center will be affected next. I’ve installed more lighting in the parking lot. What...

New Tenants Dress Up NYC's Garment District

August 26, 2014    

Retailers are increasingly weaving their way through Manhattan’s Garment District, setting up shop in the neighborhood that was once very specialized and catered to the fashion industry. Now, retailers, cafes, and upscale restaurants are taking over storefronts—and landlords are...

10 Ways to Protect Yourself from Tenant Bankruptcies

August 13, 2014    

No matter how financially sound your tenants seem at the start of a lease, there’s no guarantee they will stay that way. So it’s important to take all possible steps to protect yourself. Once a tenant files for bankruptcy, bankruptcy laws control what you can collect from the...

Don't Let Bankrupt Tenant Prorate Last Month's Rent

August 13, 2014    

It’s typical for commercial leases to allow tenants to prorate rent if certain events, such as destruction of the tenant’s space, occur. But when you agreed to rent proration, you probably didn’t intend to let a bankrupt tenant that decides to reject its lease prorate its last...

Determining Obligation to Pay for Capital Improvements

August 13, 2014    

Q: There are several retail tenants in my building, which I plan to convert to a condominium building with both commercial and residential units. I sent notices to the tenants announcing the plan and letting them know that they’ll be...

Mall's Fate Up in Air After Non-Absolute Auction

August 13, 2014    

A Bradenton, Fla., 41-year-old shopping mall was on the online auction block recently, with the winning bid ultimately reaching $33.75 million. Empty storefronts have plagued DeSoto Square Mall for years, but a new owner isn’t necessarily the answer—and there will still be...