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Table of Contents (“TOC”) for Cheat Sheets

“Portable” Commercial Lease Negotiating Theories 1-9 The Albert Einstein, Snoop Dogg and Drake Bring Your “A” Game-Brick House Value Theory (FREE) The Snagglepuss, Groucho Marx, The Clash & Steve McQueen…

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“As-Is” Condition

Introduction: In order to protect itself, a landlord will generally include an “as-is” provision within its lease stating that tenant has inspected the premises and accepts them as they are…

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Access to Premises

Landlord’s Access to Premises: Landlord Advocates: There are numerous reasons why a landlord may require occasional access to its tenant’s space. Accordingly, at a bare minimum landlord advocates should include…

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Alteration Requirements

NOTE: THIS CHEAT SHEET HAS BEEN PREPARED OFF OF AND CONFORMED IN LARGE PART FROM VARIOUS FORMS AND PROVISIONS RECEIVED AND/OR USED BY LEASING REALITY’S PRINCIPAL(S) OVER MANY DECADES.  ABC…

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Antenna

Often, tenants will require an antenna or satellite dish for business or other reasons. If a landlord allows their tenant to install and maintain such a device on the roof…

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Table of Contents (“TOC”) for Audio Book

Preface (FREE) Enjoy the Ride (FREE) “Portable” Commercial Lease Negotiating Theories 1-9 The Albert Einstein, Snoop Dogg and Drake Bring Your “A” Game-Brick House Value Theory (FREE) The Snagglepuss, Groucho Marx, The Clash…

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Table of Contents (“TOC”) for E-book

Preface (FREE) Enjoy the Ride (FREE) “Portable” Commercial Lease Negotiating Theories 1-9 The Albert Einstein, Snoop Dogg and Drake Bring Your “A” Game-Brick House Value Theory (FREE) The Snagglepuss, Groucho Marx, The…

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Enjoy the Ride

Starting from the Bottom – A Guide to Building a Brick House of Knowledge

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Preface

Hello everyone, my name is Larry Haber, and I have a confession to make. I am a reformed yet recovered developer who in my “prior” real estate life had over…

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Enjoy the Ride

Starting from the Bottom – A Guide to Building a Brick House of Knowledge I have many theories – one of them is the “Albert Einstein, Snoop Dogg, Drake and…

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Real Estate Glossary

Leasing REality’s A to Z Commercial Real Estate Glossary is filled with terms for training, learning commercial real estate and negotiating commercial leases. All A B C D E F…

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Leasing Intervention™

Hello my leasing brethren, I have a few questions to ask you, and that is “Has the time come for us to have a Leasing Intervention™? Are you mad as…

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Table of Contents (“TOC”) for Outlines

Audit Rights (PREMIUM) Free Rent Concessions in a Commercial Lease (FREE) Negotiating Security Deposits & Good Guy Guarantees in a Commercial Lease (FREE) Subordination & Non-Disturbance Attornment Agreements (“SNDA”) (PREMIUM)

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Audit Rights

Table of Contents I. Introduction This outline is designed to provide a comprehensive overview of the most important and negotiable aspects of a tenant’s and landlord’s audit rights in light…

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Table of Contents (“TOC”) for Slides

Free Rent Concessions in a Commercial Lease (FREE) The How & Why Brokers Can Make a Difference in all Phases of a Lease Negotiation (FREE) Leasing REality’s Top 100+ Leasing Intervention™…

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Table of Contents (“TOC”) for Sample Provisions

Miscellaneous  “As-Is” Condition (FREE) Access and Indemnity Agreement (PREMIUM) ADA Compliance (FREE) Antenna (PREMIUM) Architect’s Fee Indemnity Agreement (Pre-Lease Execution) (FREE) Asbestos “Happy Sad” Compromise Language (PREMIUM) Basic Bathroom Work (PREMIUM)…

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“As-Is” Condition

Pro-Landlord Language: “Tenant represents that the Demised Premises and all electrical, heating, ventilating, air conditioning (if any), plumbing and other systems affecting the same have been inspected by Tenant and…

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Access and Indemnity Agreement

ACCESS AND INDEMNITY AGREEMENT THIS ACCESS AND INDEMNITY AGREEMENT (“Access Agreement“) is made this ____ day of _____________, 20__ (the “Execution Date“), by__________________, with an address c/o __________________ (collectively, “Indemnitor“),…

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ADA Compliance

“Landlord represents and warrants to Tenant that the Shopping Center and/or Building of which the Demised Premises forms a part is in compliance with the Americans With Disabilities Act of…

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Antenna

Pro-Tenant: “Tenant shall have the right, at its sole cost and expense, to install, service, maintain and replace during the lease term and any extension thereof one (1) telecommunications antenna…

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Basic Bathroom Work

“Tenant hereby acknowledges and agrees that notwithstanding anything to the contrary contained in this Lease, it shall be Tenant’s sole responsibility at Tenant’s sole cost and expense to install (or…

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Basic Sprinkler Work

“Tenant hereby acknowledges and agrees that notwithstanding anything to the contrary contained in this Lease, if the Premises do not currently contain sprinklers or require additional sprinklers or modifications as…

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Basic Tenant Work

“Tenant’s Work (whether performed prior to or after the Lease Commencement Date) shall be (or shall have been) made and diligently completed at Tenant’s sole cost and expense, in a…

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Business Operating Conditions

“Owner is relying upon Tenant’s assurance that the premises will be operated at all times in a high class manner. Tenant recognizes that the Building and the building project have…

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Casualty Clause Carve-Out (Pro-Tenant)

“Notwithstanding anything to the contrary contained in this Lease: Owner shall, within thirty (30) business days after any loss, damage or destruction to the Premises, deliver to Tenant an estimate…

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Cleaning by Landlord

Pro-Landlord “Landlord, at its sole expense, shall cause the Premises and Building common areas to be cleaned in accordance with the cleaning specifications set forth on Exhibit __ annexed hereto…

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Cleaning for Retail Restrictions

“Tenant shall not clean, nor require, permit, suffer or allow any window in the demised premises to be cleaned, from the outside in violation of any applicable laws, rules or…

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Conduit Usage

“If Tenant requires utilities or services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C, Tenant shall pay to Landlord, within…

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Contractor’s Full Release and Waiver of Lien

CONTRACTOR’S FULL RELEASE AND WAIVER OF LIEN   Owner:                                                                         Contractor: Project:                                                                        Contract Date: March __, 2017 The undersigned Contractor does hereby acknowledge and represent that the…

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Contractor’s Partial Release and Waiver of Lien

CONTRACTOR’S PARTIAL RELEASE AND WAIVER OF LIEN   Owner:                                                                         Contractor:   Project:                                                                        Contract Date: March __, 2017 The undersigned does hereby acknowledge and represent that, upon receipt by…

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Early Access

Pro-Landlord Language “Tenant and any contractor, subcontractor or material supplier may, after notice to Landlord (and delivery of evidence of insurance by Tenant and Tenant’s agents and consultants in accordance…

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Early Termination

“Landlord shall have the right to cancel this Lease, effective at any time after the end of the twelfth (12th) month of the Lease Term (“Landlord’s Termination Option”) by notifying…

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Estoppel Certificate

ESTOPPEL FORM OF TENANT ESTOPPEL CERTIFICATE This estoppel certificate is made and executed as of the __ day of _______, 2017 by ________________________ (“tenant”) for the benefit of _______________ (“purchaser”)…

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Exclusive Use

“Landlord shall not hereafter lease, or suffer or permit the use of, any other space in the Building, Shopping Center or in any other adjacent property owned or managed by…

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Exculpation of Landlord

“The Landlord Parties (defined as Landlord, Landlord’s managing agent and any future Fee Lender, and all of their respective officers, directors, shareholders, members, managers, partners, and employees), disclosed and undisclosed,…

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Exhaust System

“Tenant shall not permit objectionable odors to emanate from the Demised Premises. Tenant shall install chemical extinguishing devices (such as ansul or a similar device) approved by the appropriate governmental…

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Failure to Open for Business or to Operate

“Because of the difficulty or impossibility of determining Landlord’s damages due to diminished saleablility or mortgageability or adverse publicity or appearance by Tenant’s actions, should Tenant (i) fail to open…

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Fuel and Utility Cost Escalations

“For the purposes of this Article only, the following words and terms shall have the following meanings: “Fuel Cost” shall mean Landlord’s cost for all fuel (including but not limited…

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HVAC System Maintenance Contract Requirement

Pro-Landlord Language: “Throughout the term of this Lease, Tenant shall at its own cost and expense (i) cause to be performed all maintenance of the HVAC system, equipment and facilities…

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Lien Waiver Requirement

“Nothing contained in this Lease shall be deemed, construed or interpreted to imply any consent or agreement on the part of Owner to subject Owner’s interest or estate to any…

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Moisture and Mold Memorandum

MOISTURE AND MOLD MEMORANDUM   This Memorandum is entered into this ____ day of ___, 2017 by TRY TO BE DRY TENANT LLC (“Tenant”). TENANT AGREES AS FOLLOWS: Pursuant to…

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Monetary Default Notice Provisions

For use when landlord refuses to give notice or only limited notices (e.g., 1 time per year) Pro-Landlord “Compromise”: “If Tenant shall fail to pay when due any Rent or…

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Operating Expense Definition Exclusions

The following items shall be excluded from the operating expense definition: Costs which are directly reimbursable to landlord by other tenants; Costs of the initial construction of the building or…

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Performance and Payment Bond

“Tenant must supply, at Owner’s sole option, a surety company payment and performance bond in form and substance satisfactory to Landlord procured at Tenant’s sole cost and expense, issued by…

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Permitted Occupant-Space Sharing Arrangement

“Notwithstanding anything in this Lease to the contrary, if Tenant is not then in monetary or material non-monetary default hereunder beyond any applicable notice and cure periods, Tenant shall have…

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Quiet Enjoyment

Quiet Enjoyment (Pro-Landlord): “Owner covenants and agrees with Tenant that upon Tenant paying all fixed rent, additional rent and any other charges or fees due under this Lease and observing…

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Real Estate Tax Base Reduction

Pro-Landlord “If Taxes payable for any Comparison Year shall exceed the Base Taxes, Tenant shall pay as Additional Rent for such Comparison Year, an amount equal to Tenant’s Percentage of…

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Real Estate Tax Escrow

“Except as provided for hereinafter, commencing July 1, 2018 and each Tax Year throughout the term of this Lease, Tenant shall be required to pay Owner one hundred five percent…

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Relocation Clause

Relocation Clause (Pro-Landlord) “At any time prior to or during the Term, Landlord may, upon thirty (30) days prior written notice to Tenant, substitute other premises in the Shopping Center…

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Rent Acceleration

“Tenant acknowledges that (i) its agreement to fully and timely pay all installments of Fixed Rent is a material inducement for Landlord to enter into this Lease, (ii) the aggregate…

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Rent Auto-Deduct Language

Notwithstanding anything to the contrary contained in this Lease, Tenant hereby agrees to execute simultaneous with their execution of this Lease, the authorization form annexed hereto as Exhibit “C” (the…

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Right of First Offer

Right of First Offer (Basic) “Notwithstanding anything contained herein to the contrary, and provided that Tenant is not in default of any of the provisions or covenants of this Lease,…

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Right of First Refusal

Right of First Refusal (Basic for Leasing Additional Space) “Notwithstanding anything contained herein to the contrary, and provided that Tenant is not in default of any of the provisions or covenants…

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Security Deposit

“In accordance with and supplementing the provisions of Article __ and Article __ of this Lease, Tenant shall deliver to Owner upon the execution of this Lease the sum of…

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Shopping Center “Centric” Provisions

“The term “Shopping Center” shall mean the entire area shown on Exhibit A. Landlord represents, warrants, and covenants and agrees as follows:  (i) that the general layout of the Shopping…

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Subcontractor’s Full Release and Waiver of Lien

SUBCONTRACTOR’S FULL RELEASE AND WAIVER OF LIEN   Owner:                                                                         Contractor:   Project:                                                                        Contract Date: March __, 2017 The undersigned Subcontractor does hereby acknowledge and represent that…

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Enjoy the Ride

Enjoy the Ride Starting from the Bottom – A Guide to Building a Brick House of Knowledge | 8:11

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Use Clause Provision Tips

What’s the Use? Welcome back my friends to yet another chapter of “Leasing Salvation,” which hopefully when all is said and done, will lead you well on your way to…

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Tenant Retention & Lease Renewals

Luv the One U R With Hello my leasing brothers and sisters, how about we dive right into the deep end of the leasing pool and, with props out to…

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Subordination Clauses & SNDA’s

Welcome back my friends to what today we will call another chapter of “Gimme Some Leasing Loving and Sugar,” or as you will soon come to learn if you are…

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Loss Factors in a Commercial Lease

Why Was There Shrinkage? With a little help, and then some, from eight song titles (with props out to Kanye West as to his “Pinochio Story”) of hip-hop artist, entrepreneur extraordinaire, sports…

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Removal & Restoration Obligations

Off the Wall With props out to the late and great gloved one, namely Michael Jackson, this latest edition of Leasing Rants and Raves will focus on a tenant’s restoration…

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Legal Compliance Issues

I Fought the Law but Da’ Law Won Welcome back my friends, as we attempt to avoid the equivalent of a “Leasing Buzz Kill” by having, as punk rock legends…

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Subleasing Risks & Rewards (Part 1 of 2)

Part 14 of 15 Welcome my leasing amigos to the first part of what actor, writer, advocate and Oscar-winning director Clint Eastwood might refer to as “The Good, the Bad…

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Noise & Vibration Lease Negotiating Tips

Let’s Get Loud Let’s get right into it, my leasing brethren! This chapter’s Lease Guru Rants & Raves will be focusing on the topic of noise, vibrations, music, soundproofing, and,…

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Holdover Clauses in a Commercial Lease

No Retreat, No Surrender Baby Welcome my leasing brothers and sisters, and with props out to the never boring and always effervescent Beyoncé, it’s time for us to “Rise Up”…

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Space Relocation Clauses

There Ain’t Nuthin’ Like Da’ Real Thing With props out to one of the all-time great rock legends, namely the recently departed David Bowie, when a tenant is being forced…

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Signage Clause Negotiating Tips

Never Be Born (or Operate a Store) Under a Bad Sign Props out to John Fogerty of Creedence Clearwater Revival for a portion of the title aside, although we at…

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