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What do you do when a desirable tenant that you badly want is currently stuck in a lease at another location? One possibility is to enter into a takeover arrangement under which you pay the tenant’s monthly obligations under the existing lease through the end of its term. But while this frees up the tenant to move into your property, it may also expose you to unforeseen risks and liabilities.
Offering any tenant rent relief is inherently risky.
Like so many landlords these days, you may be considering restructuring your lease to aid a percentage rent tenant that’s struggling to stay afloat. While avoiding a vacancy by helping the tenant stay in business is clearly in your interest, attorneys also preach prudence to landlords who engage in percentage rent lease restructuring. One seasoned Southern California attorney recommends a restructuring approach that he says has enabled his own shopping center landlord clients to:
Your due diligence must account for special legal risks.
At least some form of marijuana is now legal in all but six states. In addition to a wildly popular product, marijuana ventures have lots of capital and a pressing need for commercial space, especially in the 24 states (and the District of Columbia) that have legalized non-medicinal, recreational marijuana. They’re also prepared to pay premium rents. So, landlords that refuse even to consider leasing to a marijuana business may be missing out on major profits.