Access our archived commercial real estate training Leasing Intervention Tips and acquire the knowledge and tools to help you better negotiate a commercial lease.
Leasing Intervention Tip 004
A Landlord’s Control Freak Nature | Landlord Advocates: All landlords need to have some semblance of control over (a) what work is going to be performed in its building, (b) who will be performing that work, and (c) what protections it will have when that work is being performed. Landlords should include language in its lease that any work that is to be performed (and any contractor who may be performing that work) must be subject to landlord’s approval. Tenant Counteraction: The phrase “not to be unreasonably withheld, conditioned and/or delayed” must always follow any language requiring landlord’s consent or approval. If language appears in the lease requiring that landlord’s consent to any work be subject to landlord’s sole discretion, tenants need to change that as best they can to read, at the very worst, that landlord’s sole discretion be reasonably exercised. Watch Landlord & Tenant Work: Design and Construction Drawing Leasing Tips Video now.
Leasing Intervention Tip 003
“Going Through Changes” | Until the new Financial Accounting Standards Board (FASB) reporting changes take place for public companies subsequent to December 15, 2018 and for private companies subsequent to December 15, 2019, commercial leases will essentially continue to be reported as an “off-balance sheet” item. After those periods come into play, commercial space leases will be considered capital leases, which in laymen terms means … Find out what that means with our FASB Commercial Lease Accounting Reporting Changes Cheat Sheet.
Leasing Intervention Tip 002
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 stick around for another term. Given the costs associated with a tenant vacating a space (e.g., loss of revenue from a vacancy turnover, payment of a full brokerage commission or even a one hundred fifty percent (150%) commission on an office deal with an “override,” legal and architectural fees and the possibility of providing both landlord’s work and a tenant improvement allowance), landlords should consider some sort of “hometown discount” when it comes to free rent concessions on a renewal although it might not be necessary to treat an existing tenant as a true free agent. Dive into our Free Rent Concessions Cheat Sheet here.
Leasing Intervention Tip 001
A good guy guaranty (“GGG”) in its simplest form is not intended to be a straight personal guarantee. The generally understood meaning of a basic GGG is that one or more principals (a “Guarantor”) of a corporate entity (such as a corporation or a limited liability company) will guarantee to the landlord that it shall, at a bare minimum, pay all base and additional rent payments provided for under the lease until the day the space is surrendered to the landlord – whether or not prior to the expiration of the lease term. Once the space is returned to the landlord in broom clean condition, vacant with all rent paid through the date of surrender, the GGG will be satisfied. At its most basic level, a GGG serves to (a) incentivize the corporate tenant to pay its rent during occupancy and (b) helps a landlord expeditiously regain control of the space if tenant becomes non-paying while somewhat minimizing a landlord’s short and long term risks. To view the Top 10 Legal and Business Steroids Injected into Modern Day Good Guy Guarantees (and Tenant Counteractions Thereto), click here.