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Leasing Intervention™: Tip 033

Scarring visuals aside, from the landlord’s perspective, your job is to be a financial proctologist when conducting due diligence on a prospective tenant, in order to determine your level of comfort as to the security deposit amount and type of guaranty (where applicable) required. Tenants, on the other hand, truly need to walk a tight rope in their attempt to give their future landlord comfort in their quest to minimize the security deposit required at lease execution, and wherever possible, to simultaneously have the landlord agree that the security deposit can be reduced at a specified point in time to a lower amount (provided there is then no default under the lease, beyond the expiration of any applicable notice and cure period).

Generally speaking, (1) the greater the free rent concessions and improvement allowances granted, and the commissions to be paid, by the landlord, and (2) the shorter the lease term, the worse the financials of the prospective tenant (and of its principals, when a straight or good guy guaranty is required), (a) the larger the security deposit is going to be and (b) the larger “the dose of legal and business steroids” the landlord will require within the straight or good guy guaranty. Check out Leasing REality’s Negotiating Security Deposits & Good Guy Guarantees in a Commercial Lease series here.

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