Controlling Holiday Season Signs and Displays

Q: During last year’s holiday shopping season, a long-standing tenant at my center put up a large holiday display that wasn’t in keeping with the appearance of the center’s aesthetic. Its lease, which was entered into before I bought the center, didn’t prohibit it from setting up holiday displays or signs. Going forward, how can I prevent new tenants from doing this?

A: Include provisions in the lease barring the tenant from putting up any kind of sign or display without your prior written consent. To get control over all signs and displays, including holiday-themed ones, keep your right to use your discretion broad when approving signs by adding this language to your lease’s signage clause:

Model Lease Language

Tenant shall not erect, install, or display any sign or display on or visible from the exterior of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. All signs and displays erected, installed, or displayed on both the interior and exterior of the Premises shall be of first-class professional quality and design. If required by Landlord, Tenant shall, subject to first obtaining Landlord’s prior written approval as to size, design, location, specifications, and method of installation, at Tenant’s sole expense, install, maintain, and operate an illuminated sign or other advertising material on or visible from the exterior of the Premises, which sign shall remain the property of Tenant. Tenant shall keep signs illuminated during such hours as required by Landlord.

Insider Source

Stephen J. Messinger, Esq.: Minden Gross LLP, 145 King St. West, Ste. 2200, Toronto, ON M5H 4G2; www.mindengross.com.