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An exclusive use clause is one of the most important and heavily negotiated business issues in a shopping center lease, and therefore, it is usually negotiated by the principals or brokers in the letter of intent. In a typical shopping center lease, the tenant has committed to invest considerable sums to open its store, and expects to be able to recover such sums and earn additional profit based upon projections at that store. These projections are often built upon the anticipated demand for the tenant’s product in the particular location, and the location’s ability to support the demand.
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New York Cannabis Law’s Lease Mandate Catch-22
By Marjorie J. Peerce, Michael P. Robotti and Kamera Boyd
New York’s recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements that affect not only cannabis companies, but also the companies that conduct business with them.
COVID-19 and Lease Negotiations: Tenant Security
By Ann E. Ryan and Adrienne B. Koch
The pandemic has highlighted vulnerabilities in two of the most popular forms of tenant security — guaranties and cash security deposits. This article examines the impact of the pandemic on each of those types of security and offers some suggestions for landlords going forward.
Real Estate Acquisition Volume on Fast Track, But Leases Slower to Rebound
By Jeffrey M. Gussoff and Adriana M. Peters
Flexibility, creativity, and other tips for commercial leasing as 2021 comes to a close.
Commercial Real Estate Investors Looking for Next Value Play
By Erik Sherman
The rush to such sectors as industrial and multifamily has compressed cap rates, leaving many to reconsider how they measure value and leaning more toward internal rate of return.
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