Use the site table of contents to navigate Leasing REality’s commercial real estate topics and sub-topics. Topics and sub-topics are linked to their search results. Refine the search and filter by media type on the search results page.
Access and Indemnity Agreement
Access to Premises
Alteration Requirements
Architect’s Fee Indemnity Agreement
As-Is Condition
Assignment
Assignment & Subletting
- Assignment & Subletting Conditions
- Assignment & Subletting: A Mixed Bag of Rules and Rights
- Assignment & Subletting: Concerns and Provisions
- Assignment & Subletting: Controlling Your Existence
- Assignment & Subletting: Leasing Trade Secrets and Other Truths
- Assignment & Subletting: Letter of Intent (“LOI”) Provisions
- Assignment & Subletting: Restrictive Terms and Conditions
- Permitted Occupants and Desk Sharing
- Recapture and Leaseback
- Subleasing Risks & Rewards
Audit Rights
Bathroom Work
Brokerage Representation and Listing Agreements
- Co-Brokerage Agreements
- Exclusive Rental Leasing Agent Agreement
- Exclusive Right to Purchase Agreement
- Exclusive Right to Sell Agreement
- Exclusive Tenant Representation Agreement
Business Operating Conditions
Cannabis in Commercial Leasing
Cleaning & Janitorial Specifications
Cold Shell vs. Gray Shell vs. Vanilla Box
Collateral Assignment of Lease (Pro-Franchisor)
Community Board Approval
Condemnation of Deed in Lieu of Foreclosure
Condenser Water
Construction Escrow Agreements
Construction Project Completion & Payment Mitigation of Risk Leasing Tips
Contractor’s Full Release and Waiver of Lien
Contractor’s Partial Release and Waiver of Lien
Default Provisions
Early Access
Early Termination
Escalation & Pass-Through Provisions
- Business Improvement District (“BID”)
- Consumer Price Index (“CPI”) Escalations
- Fuel Escalations
- Operating Costs
- Operating Expense Escalations
- Pass-Through Provisions
- Percentage Rent Increases in Lieu of Operating Expense Escalations
- Porter’s Wage Escalations
- Real Estate Tax Escalations
Estoppel Certificate
Exclusivity & Non-Compete Provisions
Exculpation of Landlord
Exhaust
Exit Strategies from a Commercial Lease
Failure to Give Possession & Outside Date Language
Failure to Open for Business or to Operate
Financial Factors to Consider When Entering into a Commercial Lease
- Basic Financial Terms and Real Estate Tax Escalations
- Choosing Your Operating Expense, Percentage Rent Increase and Electricity Poisons
- Compliance with Law, Assignment & Subletting, Tenant Work and Good Guy Guaranty Concerns
- Upfront Costs, Free Rent Concessions, Brokerage Commission Payments and Basic Security Deposit Pointers
Financial Statements and Records
Finding New Space & Moving Tips for Commercial Tenants
Fire & Casualty Clause Negotiating Tips
Floor Area Ratio (“FAR”) Considerations
Food Hall Provisions (MORE COMING SOON)
Foreign Consent to Jurisdiction
Franchise Agreement Provisions / Franchisor Rights / Collateral Assignment of Lease
Free Rent Concessions in a Commercial Lease
Good Guy Guarantee (“GGG”)
Ground Lease (COMING SOON)
- Compliance with Law / Environmental Laws
- Construction Bonds
- Construction Completion Guarantee
- End of Term Provisions
- Fee Mortgage
- Ground Lease Renewal Option Considerations
- Ground Lease Term: 49 year vs. 99 year vs. Short Term Lease
- Initial Construction
- Leasehold Mortgage
- Permitted Use
- Corporate & Good Guy Guarantees (COMING SOON)
- Reconfiguration of Tax Lots and Zoning Lots
- Transfer Taxes on Ground Leases
- Triple Net Lease (“NNN”)
Heat, Air Conditioning & Electricity Clause Pointers
Holdover Clauses in a Commercial Lease
Hours of Operation Clauses
HVAC Equipment Outside a Space
Impact (and Non-Impact) of Recent FASB Lease Financial Statement Reporting Changes
Land Leases
Landlord Termination & Demolition Clauses
Landlord Work & Tenant Work Clauses
- Basic Tenant Work Provision
- Choosing Your Architect & Negotiating AIA Architectural Contracts
- Compatible Labor, Union/Non-Union Labor & Legal Compliance
- Contractor Approval, HVAC Restrictions & Other Landlord “Control Freak” Provisions
- Design and Construction Drawing Leasing Tips
- Hazardous Material, Garbage, Freight & Security Provisions in a Tenant Work Clause
- Negotiating a Landlord Work Letter
- Negotiating a Tenant Change Order & Tenant Extra Work Clauses
- Negotiating a Tenant Improvement Allowance Clause
- Negotiating a Tenant Work Clause: The Very Basics
- Negotiating AIA Construction Contracts
- Substantial Completion Clause Negotiating Tips
- Tenant Work Related Protection Concerns
- Timing Issues in a Landlord Work Letter
Lease Restructurings, Modifications & Workouts
Leasing Concierge & Office Building Amenities
Leasing Intervention™
Leasing Intervention™ – a Daily Dosage
- Too Busy?
- All About the Give and Take
- Not Closing Deals? Take Your Career to the Next Level
- On the Job Search? Boost Your Resume Today
- Utilize and Don’t Waste Your Talent
Leasing Mixed Bag of Catch-All Lease Insertions (Generally Pro-Landlord)
Leasing REality Negotiating Theories
Legal Compliance Issues
Letter of Intent (“LOI”)
License Agreements
Lien Waiver Requirement
Liquor License Provisions (MORE COMING SOON)
- Liquor Insurance
- Liquor License Contingency
- Liquor License Transfers
- Miscellaneous Liquor License Provisions
Loss Factors in a Commercial Lease
Memorandum Confirming Term
Moisture and Mold
Monetary Default Notice
Mortgages and the Certificate of Occupancy
Negotiating Security Deposits & Good Guy Guarantees in a Commercial Lease
- Exit Strategies from a Good Guy Guarantee
- Factors That Impact the Amount of Security Deposit
- How Landlords Strengthen a Good Guy Guarantee
- Introduction to Security Deposits and Good Guy Guarantees
- Letter of Credits (“LOC”) versus Cash Security Deposits
- Negotiating Security Deposits & Good Guy Guarantees: The Condensed Version
- Sample Limited (“Good Guy”) Guaranty
- Security Deposits from a Tenant’s Perspective
- What is a Good Guy Guarantee?
Noise & Vibrations Lease Negotiating Tips
Non-Disclosure Agreements (“NDA”)
Payment and Performance Bond
Percentage Rent
Percentage Rent Breakpoint Provisions
Physical Culture Establishments (“PCE”)
Pop-Up Stores (MORE COMING SOON)
Quiet Enjoyment
Real Estate Tax Base Reduction
Real Estate Tax Escrow
Removal & Restoration Obligations
Rent Acceleration
Rent Auto-Deduct
Residential Lease Preparation and Management in NYS (HSTPA 2019)
- Broker Buzzkill: To Prepare or Not to Prepare?
- Changes in Management Responsibilities for Landlords
- REBNY Form Lease Checklist
- Setting the Playing Field of the “New Law”
- Tips to Help Prepare REBNY Free Market Residential Leases