There is a subtle difference in prorate share definitions that you might miss if you are not looking for it. But, believe me, sophisticated national and regional tenants are looking for it. In defining excluded areas, a lease will often read: “the tenant will pays its prorate share of the charges based upon the gross… Continue reading Excluded Areas – Premises vs. Occupants
A friend emailed me a suggested topic for this coming Sunday’s blog post. “So with the events in Houston, is it time for a blog on Rent Abatements in Damage and Destruction clauses?” Clearly, it is. And, as landlords and tenants are not going to wait to start paperwork for claims until Sunday, it is… Continue reading Hurricane Harvey, flooding and your lease obligations
It is not uncommon for a municipality to work with a property owner to them achieve some mutually beneficial goal – usually because the project might not otherwise be feasible without some sort of public assistance. Among the reasons a municipality may be considering the inventive,, they may be doing it to bring new jobs,… Continue reading Realizing the intended benefit of a tax abatement
Yes. This language exists in some leases. The language typically states that if the end of the world is imminent, the landlord has the right to accelerate rents for the remainder of the term. There are still a few hours left to check your leases for this language before the eclipse arrives today. Happy eclipse… Continue reading “…if the end of the world is imminent …”
Every few weeks, someone in the office will let out a scream of frustration. The frustration comes from reading lease language that is so involved, but could have been accomplished with incredibly simple lease language. For example, it is fairly common to see Consumer Price Index (CPI) increases applied to rents, or used as caps… Continue reading Don’t overcomplicate the lease language
In any given year, we (my company, Meridian Realty Consultants) will read and abstract 8-10,000 leases. We get to see what landlords and tenants spend their time negotiating. It is not uncommon for someone in the office to say, “Can you believe someone took the time to negotiate this?” It might be something as simple… Continue reading Negotiate your leases wisely!
“… the breakpoint shall likewise be abated…” This clause is almost a throwaway clause – one landlords and tenants give much consideration to – and it is the majority of retail leases. So, what does it mean? If the tenant is struggling, and the landlord agrees to reduce minimum rent by 50%, then the “breakpoint… Continue reading “… the breakpoint shall likewise be abated…”
The short answer? The lease should specifically address whether taxes are reconciled as part of operating expenses or are reconciled separately. But, why should this matter? This week, we were working on an office tower acquisition in the southeast. The majority of the leases had the typical “tenant pays a proportionate share in excess of… Continue reading Office leases – Are taxes part of operating expenses?
It is not uncommon to have co-participation clauses in retail leases – a clause which states that a tenant will be obligated to pay a certain charge at a specific rate with annual increases to that charge, but “only if at least 70% of the other tenants are similarly obligated to pay such charge.” The… Continue reading Co-participation and similar obligation
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