“You don’t get what you want, you get what you negotiate”   We have all heard the phrase, but do we always heed its advice?  Many leasing transactions are done with the thought that the initial tenant improvements will be adequate for the lease term, and they usually are.  But what happens when your business requirements change and...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

If you live in California you are used to new laws encumbering business seemingly everyday.  Well, this month is no different.  California has two new regulations that are supposed to take effect on July 1, 2013, the Accessibility Statute and the Energy Disclosures Regulations.  But of course, the state isn’t quite ready for the onslaught...Read More

Tenants “renew” leases all the time, but almost always outside the legal bounds of the renewal right in their lease.  Technically, most tenants negotiate a “lease extension,” as opposed to “renewing” the lease.  As a matter of fact, I have been in the business for almost a quarter century (Did I just say that?  Ouch!),...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

Many tenants are large enough in an office project to warrant asking for a building top or monument sign.  Just like retail tenants expect, this signage can drive new business or enhance the brand of the company.  In either case the negotiation of the signage rights requires a detailed examination of the situation.Read More

This is a good article on base year gross ups from KBA: http://ow.ly/fOGTA One of my pet peaves! You can also get my take on this subject in one of my first blogs “How Auditing Your Base Year Saves You Money” #SIOR #CRE #CoreNet #TenantRepresentationRead More

Many of our clients voice concern about waiving statutory rights in leases.  Gregg Pasternak is an attorney.  He specializes in the proper documentation of office and retail leases on behalf of our clients.  Below are his thoughts on the common waiver language in found in typical California leases: Statutory Waivers California leases typically contain language in a number of provisions...Read More