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

Specify 'Ongoing' Right to Terminate Tenant's Lease

March 26, 2012    

Your lease will specify under what circumstances you and the tenant may terminate the lease. It'll also spell out the procedure you must follow to do so—for example, by giving 30, 60, or 90 days' written notice. If the provisions in your lease that govern termination rights are...

Don't Let Minor Oversights Give Tenant Right to Terminate

March 26, 2012    

Q The maintenance team at my shopping center occasionally forgets to make very minor repairs. I'm working with them to make sure that they're more diligent about these things. But in the meantime, a tenant is threatening to stop paying rent,...

Tenants Retain Advantage in Improving Market

March 26, 2012    

The latest Commercial Real Estate Market Survey from the National Association of Realtors (NAR) shows positive improvement in vacancy rates across all commercial real estate sectors, without a significant decrease in the majority of office and industrial tenants' concessions and rent...

Getting Reimbursed for Lease Costs from Tenant that Walks Away

February 27, 2012    

Q A prospective tenant seemed very interested in the space it planned to rent in my office building, but dragged out negotiations for longer than necessary. Although it signed my letter of intent, after my attorney drafted the lease, it announced that...

Set Limits on Tenant's Expansion Option

February 27, 2012    

Don't be surprised if a prospective tenant—especially one with a growing business—asks for an expansion option in its lease. This clause reserves space owned by you, typically contiguous to the tenant's, when it becomes available. An expansion option is valuable to a tenant...

Philly Creates 'Digital District'

February 27, 2012    

To revitalize urban centers, cities and commercial property owners have tried all sorts of gimmicks to attract desirable tenants. A section of Philadelphia may have finally found a winning pitch, by offering to put tenants' names in lights.

Outlook Brightens for Calif. Office, Industrial CRE

February 9, 2012    

The latest semiannual release of the Allen Matkins/UCLA Anderson California Commercial Real Estate Survey gives Golden State real estate developers and their bankers a reason to be optimistic about the industry's prospects over the next two years.

The good news is driven by steady...

CRE Forecast 2012: Cautious Optimism to Guide U.S. Markets

February 9, 2012    

Canadian real estate services company Avison Young's annual CRE forecast gives U.S. owners and investors a reason to celebrate—in moderation. The report, which covers the office, retail, industrial, and investment markets in 20 U.S.

Make Letter of Intent Terms as Specific as Possible

February 9, 2012    

Don't be surprised when a new tenant that has decided to rent office building or shopping center space from you wants to make requests early in the lease negotiating process. Typically, tenants make these requests in a letter of intent (LOI), a document that's signed by the tenant and...

Beyond Pop-Up: Use Creative Leasing that Improves Long-Term Returns

February 8, 2012    

By Peter D. Morris, SCLS, SCSM, SCMD

Conduct an Internet search for “creative leasing ideas” for retail properties, and you'll see a lot of references to leasing to nontraditional uses, such as libraries and community art galleries, or exploiting pop-up store...

Does 'Equitable Relief' Excuse Lateness of Tenants' Option to Renew?

December 27, 2011    

Q My lease with a tenant in my shopping center gives it an option to renew for an additional 10-year term. Under the lease, the tenant must exercise its option by sending a letter by certified mail to me by a certain date. When I hadn't heard from...