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Here’s a creative solution to “exclusive” restrictions.

Simply requiring tenants to comply with the ADA isn’t enough.

A lease amendment is usually simpler and easier—but not always better.

Lease amendment or new lease? It’s easy to overlook the importance of controlling the mechanics of the renewal process. Consider the scenario where a tenant exercises its option to renew the lease. Normally, you’d execute the renewal by having the tenant sign a lease amendment that lists the new renewal rent and termination date while leaving all of the other original lease terms unchanged.

A lease amendment is usually simpler and easier—but not always better.

Lease amendment or new lease? It’s easy to overlook the importance of controlling the mechanics of the renewal process. Consider the scenario where a tenant exercises its option to renew the lease. Normally, you’d execute the renewal by having the tenant sign a lease amendment that lists the new renewal rent and termination date while leaving all of the other original lease terms unchanged.

Post-pandemic, tenants are seeking to expand the scope of the force majeure clause.

The so-called force majeure clause excusing a party to a lease from performing its duties if a catastrophic event beyond its control happens has long been a staple of commercial leases. But until recent times, it was largely regarded as boilerplate relegated to the back of the lease with all of the other supposedly inconsequential terms.

Allowing tenants to sublease the property they lease from you to third-party subtenants over whom you have no direct control carries a degree of risk. Since you don’t have a direct contract with the subtenant, you may be dependent on the tenant to enforce the terms of the sublease and have no direct way of compelling the subtenant to comply. An effective solution to this problem is to have the tenant assign its sublease enforcement rights directly to you. Here’s a strategic game plan, along with a Model Lease Clause you can use to deploy it.

But set clear limitations.

Commercial leases typically require tenants to refrain from creating nuisances that interfere with other tenants’ use and enjoyment of their property. The problem is that “nuisance” is often in the eye of the beholder. While they might not technically constitute a nuisance under the lease, the noises, smells, vibrations, and other emanations that are normal for a particular tenant’s business might still be highly disruptive to the business of a neighboring tenant.

Like many landlords, your lease may contain a tax escalation clause requiring the tenant to pay its share of any real estate tax increases that occur during the lease term. These increases are often measured off a base year, typically the first year of the lease. However, pegging future tax increase payments to the original base year tax could end up costing you a fortune if you later manage to get that tax assessment reduced.

Don’t get boxed in by implied use restrictions.

If tenants don’t have to pay fees, they’re more apt to flood you with requests.