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

Modify Standard Office Building Lease for Retail Tenant

September 23, 2013    

As mixed-use commercial properties have become prolific over the last few years, office building owners have had to get used to the idea of leasing space to retail tenants in buildings that traditionally might’ve been used strictly as office space.

Renting to Holiday Pop-Ups

September 23, 2013    

Q: There are several vacant spaces in my shopping center. With the holiday season coming up, I’m worried that increased foot traffic from holiday shoppers that has always boosted profits in the past will be lured away by fully leased...

Malls Get Second Life as High-Tech Company Campuses

September 22, 2013    

A former shopping mall will be the new site of Google, Inc. after what has been described as the year’s biggest commercial real estate lease deal so far in Silicon Valley. The mall, which is being revamped into office space, is in Mountain View, Calif.

Google isn’t the only...

Include Nine Protections in Termination Option Clause

August 28, 2013    

Despite an uptick in the commercial real estate market, many owners are still trying to fill vacant space. There isn’t an endless supply of big-box tenants to fill large vacant space, so when previously reliable chains like Blockbuster and Circuit City began moving out of their spaces,...

Define "Primary" and "Secondary" Uses in Lease

August 28, 2013    

As a retail property owner, you’ve certainly spent time considering the tenant synergy—that is, stores functioning together to draw shoppers that a center normally wouldn’t capture without them as a group—that will maximize profits. That’s why the use clause in your...

Will START-UP NY Set Back Existing Businesses?

August 28, 2013    

A controversial new program that will allow expanding and start-up companies to locate on or near college campuses and receive tax-free benefits for up to 10 years in New York has been the subject of debate among Empire State business owners, real estate brokers, and lawmakers.

Critics of...

Special Issue: Minimizing Accident Liability

August 7, 2013    

If you own a shopping center or office building long enough, an accident involving a shopper or visitor to the property will inevitably happen. Accidents can be a nightmare for owners: In the best-case scenario, you’ll have to deal with a situation that forces you to spend time consulting...

Include Common-Area Accidents in Indemnification Clause

August 7, 2013    

An owner is typically responsible for maintaining the common areas of its building or center, so if someone is injured in these areas, the owner is the party that will most likely have to pay for damages from an accident. If the accident was caused by a condition stemming from the actions of...

When Does "Recreational Use Immunity" Apply?

August 7, 2013    

Q: A visitor to the mall I own was injured while taking part in a recreational activity held in the parking lot by a local charity group that also leases space there. The charity group provided the entertainment free of charge. I’ve...

Reduce Exposure to Personal Injury Lawsuits

August 7, 2013    

To maximize your property’s value and profit, limiting premises liability should be a priority for you—and you should communicate this to your property manager, who’s most likely to hear about and react to injuries before you do. To make sure your property manager understands...

Reduce Chance of Insurance Claim Delay, Denial

August 7, 2013    

Despite protecting yourself from costly litigation by using an indemnification clause in your leases with tenants and reducing your exposure to personal injury lawsuits by properly maintaining your center or building, you may still be on the hook for an accident, unless you’re...

Negotiating Work Letter Simultaneously with Lease

July 26, 2013    

Q: I’m about to start negotiating with a prospective tenant for office space that will require a substantial buildout by me before the tenant moves in. To protect itself, the tenant has asked to negotiate a detailed, comprehensive work...