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

Mixed Bag for Charleston-Area CRE

May 3, 2012    

The Charleston, S.C., commercial real estate market is rebounding in some sectors and experiencing a shakier recovery in others, according to first-quarter reports by Grubb and Ellis WRS. Industrial space vacancies declined to 9.5 percent, the lowest levels since 2007. However, office and retail...

Troubled Retail, Office Mortgages for Sale

May 3, 2012    

In the largest sale of its kind to date, CWCapital Asset Management LLC is offering $345 million of distressed real estate debt, mainly from retail properties and office buildings, to investors. Responding to demand from commercial real estate investors, the firm, which specializes in troubled...

Is 'Stipulation of Settlement' Agreement Mutually Beneficial?

May 3, 2012    

Q A tenant that rents space in one of my office buildings has been struggling. It didn't pay rent for several months. I sued the tenant for nonpayment of base rent and additional rent. We signed a “stipulation of settlement” in which it...

Global Confidence Spurs Overseas Office Projects

May 3, 2012    

As the international financial crisis that had a significant impact on commercial real estate construction in the United Arab Emirates capital, Abu Dhabi, subsides, some stalled projects are in motion again. The emirates' executive council has announced that, among many notable commercial...

Negotiate Tough Remedies for Habitually Late Rent

May 3, 2012    

Struggling tenants sometimes must prioritize which creditors to pay each month. If they think you'll put up with late rent, they may put you at the bottom of the list. If you don't want to lose the tenant for some reason—for example, the loss will upset the tenant mix or co-tenancy...

Don't Use Previous Measurements After Buying Property

May 3, 2012    

When you buy an office building or shopping center, don't rely on the prior owner's space measurements when you set your tenants' rent. Always remeasure each tenant's space, and then use your measurements to calculate the rent before you negotiate a new lease. Otherwise,...

Uptick in NYC Office Market Seen in Large Lease, Fed Report

May 3, 2012    

A U.S. Federal Reserve Beige Book report on the second district of New York (which includes New York City, Westchester and Fairfield counties, Rochester, and other metro areas in upstate New York) showed that commercial real estate markets remained steady in the first quarter of 2012—...

Specify in Lease that 'Attorney' Can Send Notices

May 3, 2012    

It's important to make your notice to a tenant valid if your attorney sends it. If a tenant violates your lease, you're probably required to notify the tenant in writing that if it doesn't cure—that is, correct—the violation by a set deadline, you can take action against...

Court: Full Rent Abatement Not Appropriate Remedy for De Minimis Taking

April 12, 2012    

Commercial real estate law has been applied largely the same way for hundreds of years, since feudal times. But a recent opinion by the Court of Appeals of New York, regarding a dispute between a Manhattan movie theater tenant and the owner of the building where it rented space for its multiplex...

Follow Four Dos & Don'ts for Drafting Rent Abatement Clauses

April 12, 2012    

Rent abatement clauses spell out the circumstances under which tenants are entitled to withhold rent. But if you don't draft them carefully, you may overlook specific items that can affect you later if the tenant exercises its right. Here are four Dos and Don'ts to follow to avoid...

Office Market Rebounds Thanks to Tech, Energy Firms

April 12, 2012    

The U.S. office market is seeing its fifth straight quarterly gain in net occupancy, according to a report from New York-based real estate research firm Reis, Inc. The report credited a demand for space from technology and energy-industry tenants, with the increase in leased space of almost 6...

Cap, Spread Out Insurance Deductible Pass-Through

March 26, 2012    

Keeping the operating costs that you pass through to tenants low gives your shopping center or office building a competitive edge. So, to keep insurance costs low while making sure that you have adequate coverage, consider a policy with low premiums and a high deductible. But if you pass through...