I am sure I sound like a broken record to anyone who has ever taken more than one of my classes because I always (seriously always) bring up how language can be buried deep within a lease that can change the cash flow from a tenant. The best example I can give is one landord’s… Continue reading Buried language can burn you

Last month, we worked on a beautiful, relatively new lifestyle retail property in California. It was developed by company that traditionally develops office. We did not know that they were office developers when we started the project. It became obvious after abstracting the first two leases. How could it be obvious by reading lease? By… Continue reading Retail vs. office leases

It doesn’t get better than the landlord’s standard lease. Seriously. The language in the standard lease is typically the best the landlord can possibly do because changes negotiated from its standard almost always favor the tenant. A landlord doesn’t have a standard lease form and then have the ability to say “We are going to… Continue reading The landlord’s best case scenario – Its standard lease

Lately, we have spent a fair amount of time focused on cotenancy provisions – specifically monetizing the impact of these clauses (think “How much minimum rent will we lose in the first 12 months if Sears closes?” What percentage of our tenants have the right to close if Sears closes.”). With the number of department… Continue reading Cotenancy and the importance of “Acceptable Replacement” language