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07/15/2013

Potential Property Pitfalls at Lease Renewal Time

About to sign a new lease? Avoid unnecessary headaches and expense with these tips

By Barry R. Katz

 
About to renew your lease? Avoid these pitfalls.

Most leases are complicated with numerous provisions that will impact operations.  If you’re about to renew your lease or are working with a new real estate management agent, look out for these lease provisions that might cause issues or problems.  While no two situations are the same, remember that in the existing market most landlords have great incentive to keep an existing tenant.

Do You Want to Stay? 
The threshold question for a facilities manager/ownership is whether you want to renew.  The answer to this question involves a combination of factors: 

  1. Do you need less or more space?
  2. Have any improvements paid by the tenant been significantly depreciated?
  3. What are the costs of moving your company to another location?
  4. What is the availability of other leasing options in the target geographic area?

While your landlord should be motivated to keep an existing tenant, other competing landlords will also grant incentives to lure a new tenant.

Term and Rent
Make sure the lease reflects the business deal as stated to you.  Double-check the commencement and expiration dates and the stated rent, particularly annual rent increases.

Option to Extend Term
The notice of renewal must be delivered in a timely manner, as this is a date that you do not want to miss.  In addition, the lease will have specific provisions as to how notice of renewal needs to be delivered; usually by certified mail or by personal delivery.  These provisions are strictly interpreted by courts. 

It is important to pay attention to these provisions.  For example, several years ago this author became aware of a tenant that thought it needed to give notice of renewal no later than six months prior to expiration of the lease when it turned out that 270 days (nine months) advance written notice was required.  The landlord used this mistake to renegotiate some of the business terms of the renewal.


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Visit our website today to learn about the design flexibility of a Morton building and the endless possibilities of partnering with our designBUILD team.


Wood construction is both cost and energy efficient. Check out Morton Buildings and our designBUILD team online today to discover all the benefits of post-frame construction.


When choosing a metal-clad building for your next construction project, consider Morton Buildings, Inc., and their designBUILD team, we’ll make your dream a reality.

We Can Help You Reduce Energy by 30%

Our mission is to help our customers manage their buildings' energy costs, improve reliability, and enhance performance while having a positive impact on the environment.
CLICK HERE to find out how.

Bluebeam® Revu® simplifies digital facilities document management from design review to leveraging as-builts, maintenance manuals and O&Ms submittals.

 


 
09/19/2014

New regulations from the DOE would improve commercial air conditioner efficiency by as much as 30%. 

09/18/2014

A new study suggests that the installed cost of photovoltaic solar power continues to drop in the U.S.

09/17/2014

A new technology developed at Rice University effectively deices glass surfaces while remaining transparent for radio frequency transmission.

09/16/2014

The USGBC and American Chemistry Council have put aside their differences to work together on new improvements to the LEED certification system. 

09/15/2014

Researchers have developed a new process to help cloud computing systems use less energy while continuing to provide high levels of data services.

09/12/2014

Researchers have found the main factors that influence the amount and type of building damage caused by various types of salts. 

09/11/2014

A new study has demonstrated that proactive ergonomic training can decrease worker discomfort and increase productivity. 

09/10/2014

The University of Utah has upgraded its historic Dumke Health Professions Education building to save an impressive 40% on energy costs.

09/09/2014

Hoping to build on LEED's success, PEER evaulates the performance and modernization of electric grids. 

09/08/2014

The USGBC has developed a new tool to help streamline the LEED certification process. 

09/05/2014

Researchers have developed a fluorescent lamp that emits Wi-Fi signals to allow connectivity throughout buildings.

09/04/2014

Tests show effective measures for reducing earthquake damage to computer servers. 

09/03/2014

Health costs drop by half as a result of environmental regulations.

09/02/2014

A new study challenges the idea that sparse workplaces produce happier, more productive employees.

08/29/2014

New tool from FEMA helps facility managers prepare for and mitigate the effects of nonstructural earthquake damage. 

08/28/2014

Is your building's exterior prepared for consistent snowstorms?

08/27/2014

Researchers have developed wearable, customizable technology to handle access control at busy hotels. 

08/26/2014

A new study shows that hotels which are LEED certified bring in more revenue than their non-certified competitors. 

08/25/2014

Policies designed to reduce carbon emissions have the added benefit of increasing air quality, which could pay for the reduction policies themselves. 

08/22/2014

Researchers at Michigan State University have developed a luminescent solar concentrator that is as transparent as glass. 

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