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Remember that premises services (utilities/trash) are not common area expenses!

It is not uncommon for a lease to require a tenant to pay quite a few different monthly recurring charges (minimum rent, taxes escrows, CAM escrows or fixed CAM, insurance escrows, perhaps a marketing charge, or storage, or signage to name a few) as well as certain charges to be paid or reconciled annually (those… Continue reading Remember that premises services (utilities/trash) are not common area expenses!

Uncategorized

The throwaway lease clause that cost more than $10m in value

You may be thinking this is clickbait. It’s not. This past week, we had a truly “throwaway” lease clause that had cost the owner more than $10m in value on the property. Not one clause in every lease at the property, but one clause in one lease. The clause – “The tenant may offset percentage… Continue reading The throwaway lease clause that cost more than $10m in value

commercial real estate · Malls · Office Properties · Retail leases · Shopping Center · Uncategorized

Stop – before you grant rent relief! Consider this!

With the number of rent relief amendments we have been processing over the last few months, it is clear that many landlords are trying to work with their tenants so that they can make it through these COVID-impacted times. The most well-respected retail landlords have always considered the tenant mix of their properties. The right… Continue reading Stop – before you grant rent relief! Consider this!

commercial real estate · Malls · Office Properties · Retail leases · Shopping Center · Uncategorized

Looking to the future – dealing with lease related issues

Hopefully, in the next few weeks, we will be slowly but steadily getting back to a new normal. We will all be faced with the question of minimum rents during this period from both the landlord and tenant perspective. But there will be other issues we will all have to consider as we come out… Continue reading Looking to the future – dealing with lease related issues

commercial real estate · Malls · Retail leases · Shopping Center · Uncategorized

“… and the breakpoint shall be likewise abated…” – a thought about rent relief

We have seen the articles today, “Cheesecake Factory and Primark refuse to pay April rent.” Some of this is the media looking for clicks. The landlord-tenant relationship has always, out of necessity, been a symbiotic one. The economic environment at any given time may shift the “advantage” back and forth, but it really does go… Continue reading “… and the breakpoint shall be likewise abated…” – a thought about rent relief

Retail leases · Shopping Center · Uncategorized

Two encouraging lessons for commercial real estate from coronavirus

It has been rough for all of us to watch and experience what has been going on in retail over the past few weeks. I was encouraged last week when an International Council of Shopping Center’s friend from Shanghai relayed that retail was picking back up in his city. But, locally – nationally – here,… Continue reading Two encouraging lessons for commercial real estate from coronavirus

commercial real estate · Malls · Retail leases · Shopping Center · Uncategorized

“We see the retail business is getting busy again”

Not my typical lease administration post. Just sharing an email that I received this morning. Personally, when I have to do something I don’t want to. I tell myself, “There is nothing I can’t do for X amount of time.” X amount of time has always been a wide variable – in some cases, it… Continue reading “We see the retail business is getting busy again”

commercial real estate · Malls · Office Properties · Retail leases · Shopping Center · Uncategorized

Real estate tax timing in a purchase

A little more than a year ago, we addressed the timing/matching of real estate periods. Perhaps it was taxes reconciled for a calendar year, but taxes were paid on a fiscal year. Some landlord would take six months of one fiscal period and six months of another to match those fiscal periods to the calendar… Continue reading Real estate tax timing in a purchase