As many real estate professionals are aware, the co-tenancy provision is one of the more heavily negotiated clauses in a retail lease. A co-tenancy provision permits a tenant to exercise remedies if certain conditions are not met with respect to the shopping center in which it is located.
Top Ten Issues in Co-Tenancy Provisions in Retail Leases
While landlords may use whatever bargaining power they possess to avoid granting a co-tenancy provision in a retail lease, the circumstances may dictate that a deal will not get done without one, especially in the current economy.
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