"As a commercial real estate developer and attorney, I have negotiated well over 500 shopping center leases. Stu's understanding of the business and legal aspects of shopping center transactions enabled his client to ask the right questions, to obtain the items the client needed to run a profitable business and to negotiate a lease fair to both parties -- the hallmarks of a successful transaction."
- negotiate or draft better commercial leases
- ask the important questions
- identify and minimize unavoidable risks
- catch important details that might otherwise be missed
- add significant provisions that are missing
- mitigate lease-based economic ups and downs
- save money
- protect their businesses
CLEAR DESCRIPTIONS AND DRAWINGS AVOID CONFLICT AND SPEED OPENING
Want to
structure your lease to speed your opening and avoid conflict with your
landlord? Make sure the lease clearly
describes the space you are renting. Attaching a drawing with dimensions is an excellent way to do this. This or another drawing should show the
location of the space within the building and development that contains it; the
parking areas available for the exclusive or non exclusive use of your
customers, venders, and employees; and any other areas of importance (e.g.
storage areas, trash and recycle container locations, loading docks, and the
like). If you can, get the landlord to
pre-approve and then attach additional drawings showing the signs you plan to
use, and tenant improvements that are to be made to the leased space. A legal description of the premises or the
building in which it is located is also important, as the lease may be
unenforceable without it. In addition,
clarify which areas are included in your premises for your use and for rent
calculation purposes, such as hallways, bathrooms, and mechanical areas, and
which areas are Acommon
areas@ for use
by all tenants. Putting all of this in
your lease can greatly reduce the chances of future conflicts and
misunderstandings between you and your landlord. It will also help you better estimate and
budget for your startup expenses.
"Leasing
Legal Services with An In-House Perspective"
With over 20 years experience Stu Heller helps his clients make smarter business and leasing deals. His website is at www.theleasinglawyer.com and his office is located at 1325 4th Avenue, Suite 940, Seattle, Washington 98101. He can be reached at 206-623-0579, fax 206-682-7972, heller@theleasinglawyer.com and hellerlaw@aol.com. Contact him for a free initial consultation or to get his Leasing Tips emailed to you. Be sure to consult your lawyer before applying any of the above to a particular situation.





