Articles with keyword "Commercial Lease"
This is the final blog post in a 3 part series on the negotiation of operating expense provisions in commercial leases.
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As stated in the previous blog entry, landlord form leases often allow the landlord to pass through all expenses in any way related to the management and operation of the project. It is important for tenants to negotiate the charges that can and cannot be passed through.
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This blog entry is the first in a three part series on the negotiation of operating expense provisions in commercial leases.
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There are three primary forms of security used for tenant’s payment of rent: a security deposit (in the form of cash or a letter of credit), a personal or corporate guaranty, and landlord lien rights on the tenant’s personal property located within the leased premises. Most tenants incorrectly negotiate the landlord lien rights provisions in commercial leases.
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This is a follow up to the Article titled "Death and Disability Clauses".
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As follow up to my blog entry titled “Collecting Your Leasing Commission,” this blog entry focuses on Arizona commercial real estate broker liens.
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When negotiating a tenant improvement allowance, tenants (and their attorneys) often overlook a critical issue: the timing of the landlord’s payment of the allowance.
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Most commercial leases that landlords use as a standard form lease contain a provision restricting assignment of the lease by the tenant. The provision states that the tenant cannot assign its interest in the lease without the consent of the landlord, which consent may be withheld in landlord’s “reasonable discretion” or “sole discretion.”
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As discussed in the previous blog entry, a tenant should negotiate a renewal option with a clear, unambiguous method for determination of fair market rent. The tenant wants a neutral, well-defined calculation, appraisal or arbitration process. The tenant does not want to further negotiate with the landlord at the time of renewal, since the tenant always can negotiate with or without a renewal option.
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New space being leased in any office, retail, or industrial property will need to be tailored for a particular tenant. Alternations can range from relocating interior walls or partitions to full blown construction with all the trimmings. Like most lease issues, deciding who will bear the costs associated with the build-out and how these funds will be secured are matters open for negotiation.
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