Both cultivators and retailers pose unique challenges.

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 refus...

Ramifications could extend beyond New York.

Here’s how to motivate tenants to sign estoppel certificates promptly.

Balance your need to maintain order with the rights of political groups.

This November’s presidential election may be the most volatile in recent memory. In the months ahead, political groups and protestors may demand access to the common areas of your shopping center for demonstrations, speeches, petitioning, and other public activities (which, for simplicity’s sake, we’ll refer to collectively as “speech activi...

Include 10 terms in your termination option clause.

Extraordinary individuals are the driving force behind many startups and small businesses. But leasing to tenants that depend so heavily on such individuals is risky. The business could suddenly come to a screeching halt should something happen to one of its “key players.”

But set clear limits.

Prospective tenants who aren’t fully financed might be reluctant to sign a lease unless and until they know they’ll be able to secure an operating loan. If they can’t get the loan they need, they’ll want the right to terminate the lease. Of course, this leaves the landlord exposed to the risk of losing the transaction after a lease has been fully signed should the tenant exercis...

Letting tenants post their own pylon signs may put your center’s liability and reputation at risk.

We’ll give you seven key terms to put into your relocation clause.

Don’t wait for a project to begin to address the issue. Put key redevelopment rights in the lease.