Table of Contents for Cheat Sheets
TABLE OF CONTENTS “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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Co-Brokerage Agreements
In the context of a commercial lease (or the sale and purchase of real estate), a co-brokerage agreement is where two (or more) real estate brokerage firms generally agree in…
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Collateral Assignment of Lease (Pro-Franchisor)
A well-crafted franchisor-friendly document to be included as an integral part of a lease with a tenant franchisee will generally include the following, at a bare minimum: Notice of Tenant…
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Condenser Water
Landlord Advocates: If landlord is willing to allow its tenant to have installed, at tenant’s own cost, a water cooled supplemental air-conditioning system, subject to the capacity of the building’s…
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Construction Project Completion & Payment Mitigation of Risk Leasing Tips
Top 6 Construction Risk Mitigation Tools Construction Escrow Agreement Payment Bond Performance Bond Individual and/or Corporate Construction Completion and Payment Guaranty Builder’s Risk Insurance Requiring Periodic Delivery of Lien…
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Free Rent Concessions
Whether you represent a tenant or a landlord in a lease negotiation, it is important to recognize that free rent concessions must be part of the equation. This is the…
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Quiet Enjoyment
All leases include a covenant of quiet enjoyment, whether explicit or implicit. In exchange for complying with the terms of the lease, tenant may peaceably and quietly enjoy the demised…
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Cannabis Issues in Commercial Leasing
Before we, in the words of The Rolling Stones and their song “Rip This Joint,” get all Willie Nelson and Merle Haggard on you and debate whether or not it…
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Financial Accounting Standards Board (FASB) Commercial Lease Accounting Reporting Changes
Playing off of the words of none other than hip-hop artist extraordinaire Eminem and rock legend David Bowie, as a result of the new rules enacted by FASB, all of…
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Top 12 Finding New Space & Relocation Tips for Commercial Tenants
When a tenant is considering channeling circa 2010 mindset of LeBron James by taking its “talents” and its company to a new location, the following should all be taken into…
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Leasing Concierge & Office Building Amenities – It’s All About the “Yes” and Not the “No”
Tenants, more and more, seek new (or alternatively, renovated) buildings with modern amenities. Consequently, landlords must provide creative amenities packages as to seduce and attract tenants. Amenities Many Landlords Offer…
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Top 20 Assignment and Subletting Provisions
Tenant’s right to sublease and assign; What a tenant’s written request to landlord for consent should include; When a landlord’s time to respond to a tenant’s request for assignment and…
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Leverage & Setting the Negotiating Playing Field within a Letter of Intent (“LOI”)
Leverage Tenant Advocates: A tenant never has more leverage in its negotiations with landlord than during the LOI preparation and negotiation stage. Once the LOI terms have been agreed to the…
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Use Clauses within a Letter of Intent (“LOI”)
Landlord Advocates: Keep it narrow. Keep the LOI and any definitions as narrow as possible. This will lure the prospective tenant into the lease negotiation stage – where tenants will…
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Renewal Options within a Letter of Intent (“LOI”) (Part 1 of 2)
Incentivizing Tenant Renewal Landlord & Tenant Advocates: If a landlord has a reliable tenant in possession of the premises, it may be prudent to incentivize the tenant to stay and…
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The Albert Einstein, Snoop Dogg and Drake Bring Your “A” Game-Brick House Value Theory
Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 1) The real estate world – as we know it – would be a better place if the attorneys,…
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The Snagglepuss, Groucho Marx, The Clash & Steve McQueen Great Escape Theory
Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 2) As a tenant advocate, it is imperative that you create exit strategies for your client as early as…
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The Mariano Rivera, John Wooden, Billy Idol & Annie The Sun Will Come Out Tomorrow Theory
Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 3) Aside from having a closer’s mentality when it comes to hopefully bringing your deals to a smooth, expedited…
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The Ho Ho Ho, Dr. Evil & Jerry Maguire “You Complete Me” Theory
Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 4) Given that no real estate professional or owner for that matter knows everything (with a few of us…
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The Winston Wolf, Vivian Greene, Forrest Gump & Gene Kelly Be Part of the Solution Theory
Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 5) At both the beginning and end of the day, it is our firm belief that in order to…
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The Ben Franklin, 5 P’s, JFK & John Wooden Cub Scout Theory
Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 6) Quoting one of the coolest dudes from the 1700’s, namely that of Benjamin Franklin, always remember that due “Diligence…
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The Luv The 1 U R With, George Benson, Jerry Garcia, LeBron James & Sting “So Lonely Drive-In Movie” Theory
Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 7) When it comes to tenant retention and lease renewals, and the consequential financial fallout and costs associated with…
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The Kevin Costner, Jerry Garcia, Jim Valvano and Lady Gaga Field of Dreams-Rose Colored Glasses-Paint Your Masterpiece Negotiating Theory
Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 8) Although certainly not applicable in all facets of life, when NO truly means NO, when negotiating a commercial…
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The Red Hot Chili Peppers, Gorillaz, Madonna and Public Enemy Bring The Noise-We Got The Power Theory
Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 9) Without trying to get too deep on you my leasing brethren, leverage has generally been defined as the…
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Cleaning within a Letter of Intent (“LOI”)
Simply stated, the LOI provision should provide whether the tenant or landlord will clean the premises, which party will pay for such cleaning, and the frequency and manner at which…
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Changes in Management Responsibilities for Landlords
The Housing Stability and Tenant Protection Act of 2019 (the “New Law”) remains fluid and subject to different interpretations as guidance and clarification is coming down from a myriad of…
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Tips to Help Prepare REBNY Free Market Residential Leases
The Housing Stability and Tenant Protection Act of 2019 (the “New Law”) remains fluid and subject to different interpretations as guidance and clarification is coming down from a myriad of…
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Condominium Apartment Lease Checklist
Gathering the Necessary Information As a result of the myriad of customizable options within the updated REBNY free market lease forms, the broker and/or whoever is preparing the Lease Form will…
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Cooperative Apartment Sublease Checklist
Gathering the Necessary Information As a result of the myriad of customizable options within the updated REBNY free market lease forms, the broker and/or whoever is preparing the Lease Form will…
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Single Family/Townhouse Lease Checklist
Gathering the Necessary Information As a result of the myriad of customizable options within the updated REBNY free market lease forms, the broker and/or whoever is preparing the Lease Form will…
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Non-Rent Stabilized Apartment Lease Checklist
Gathering the Necessary Information As a result of the myriad of customizable options within the updated REBNY free market lease forms, the broker and/or whoever is preparing the Lease Form will…
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