One of the primary considerations of any lease is the length of the Lease Term.  Sometimes flexibility requires a very short lease, and sometimes a lease needs to be longer to amortize a significant tenant improvement investment.  So, how long of a lease term should you sign up for?  There are quite a few factors to...Read More

While my inner punk rocker smiles at the term, the Damage and Destruction clause in any office lease is no laughing matter.  Although seldom used, it can be the most serious provision in a lease if a major destructive event (Fire, Flood, Earthquake, etc.) affects the occupancy of a building. While many tenants have never had...Read More

If you had a brain tumor, would you see a general practitioner or an orthopedic surgeon?  Of course you would not!  You would see a neuro-oncologist. The same goes for brokerage, you need a specialist.  Many people are unaware of the value in hiring a Tenant Representative specialist when leasing space, and, in particular, when...Read More

Sometimes I sit down to write a blog thinking that I will just wax poetic about real estate and inspire myself or somebody else to come up with a great idea on how to better transact real estate.  Then the hard part comes.  Ideas, time to write, finding some interesting pictures (got to have them…)...Read More

CBRE Project Management recently gave a presentation on changes to California Building Standards Code aka “Title 24” that will take effect on January 1st, 2014. The new requirements are aimed to “reduce energy bills, increase energy delivery and reliability, and improve economic conditions for the State of California” (Hah!). Any projects that apply for permit on...Read More

Well, if your like many tenants these days you may want to bring your bathing suit to the next lease negotiation meeting… Most Full Service Gross, or “Base Year” leases used to combine all of the operating expenses (including taxes, insurance and utilities) into one expense “pool” and the tenant would be responsible for any...Read More

I was lucky enough to have a business / pleasure trip to Amsterdam recently.  What a great place!  As a Californian I haven’t thought much about the impact that the Netherlands has on the world, but when you visit, you realize how much influence the Dutch have had globally.  Widely regarded as the first capitalist country, the...Read More

Assignment and Subleasing Below are some simple rules to live by when negotiating sublease and assignment rights from Gregg Pasternak: The Assignment and Subleasing clause is one of the most heavily negotiated in the Lease. Although most tenants do not expect to effectuate a transfer during their lease term, many do end up needing to...Read More

My good friend Gregg Pasternak tells us why we need audit rights in our leases, how they work, and how they should be structured.  I particularly like his opening line: “Operating Expense Audit Rights are Like Nuclear Weapons” You don’t want to use them, but it’s nice to know you have them, just in case.  ...Read More

It is amazing to me how many times I have represented tenants who would prefer to remain in their current location only to find that their landlord wants to “hold them hostage.”  What do I mean by this?  Well, most landlords are pretty smart and they understand how expensive it is for a tenant to...Read More