COVID-19” & HVAC SYSTEMS
“Can a building’s heating, ventilation and air conditioning (HVAC) air filters protect me from getting COVID-19”
Filtration in a building HVAC system can be a part of an overall risk mitigation approach but is not generally regarded as a solution by itself. There is no direct scientific evidence of benefit, but some reduced exposure can reasonably be inferred based on the ability of some filters to remove particles that contain a SARS-CoV-2 virus. In order for filters to have any impact on infectious disease transmission, transmission has to occur through the airborne route, filters have to be properly installed and maintained in appropriate systems to treat recirculated air, and filters have to be appropriately designed for the building in which they are used. More importantly, in most buildings and in most situations, filters may be considerably less effective than other infection control measures including social distancing, isolation of known cases, and hand-washing.
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
Force Majeure
How do force majeure (unforeseeable circumstances that prevent someone from fulfilling a contract) provisions in a commercial lease impact the contractual obligations of commercial tenants and landlords? Force majeure provision is common in most commercial leases and excuse non-performance of certain obligations under a lease if an unavoidable or unforeseen act prevents the tenant, or the landlord, from performing. Examples of events covered by force majeure provisions include natural disasters, labor strikes, governmental actions, wars, and a catchall of unforeseeable circumstances beyond the control of the party that is impacted. If your lease contains a force majeure clause, it is important to carefully review its language to determine which events are covered. Pay particular attention whether "epidemics" or "pandemics" are considered force majeure events.
If COVID-19 is considered a force majeure event under your lease, some contractual obligations under the lease may be excused: for instance, if a tenant is forced to close its business due to a governmental decree, such tenant will not be in default under a provision that requires the continuous operation of the tenant's business in the premises. However, most force majeure provisions do not excuse or postpone monetary obligations and, in fact, many affirmatively state that monetary obligations are not excused (i.e. a tenant's obligation to pay rent, a landlord's obligation to provide a tenant improvement allowance, etc.).
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
COMMERCIAL TENANT RIGHTS
In general, the rights of commercial tenants are inscribed in the lease. Courts tend to decide cases based on adherence to lease terms even if the terms seem to violate aspects of basic fairness. Residential tenants have far more protections than commercial tenants do under the law. To facilitate a positive landlord-tenant relationship, spell out lease terms clearly. For example, regarding entry to the property by the landlord, define what constitutes “adequate notice” clearly in your lease. This is especially important for tenants whose businesses require some level of confidentiality. Make sure that you ensure more than adequate notice in cases of invasive maintenance that may affect your tenant’s business operation.
We are here to help you and your clients with all aspects of commercial property management. Please contact us for further assistance!
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
COMMERCIAL PROPERTY MANAGEMENT
One of the greatest ways to increase the value of commercial real estate is through good property management. While buying a property at the right price is critical, what you do with it after the purchase is often more important. It is very important to keep your tenants happy. Unlike residential properties, it is very difficult and expensive to find new tenants for commercial properties. It can take several months to find a tenant. A leasing commission isn’t due until you sign the lease, however, often you have to spend money on the space to make it leasable. Therefore, the best way to maintain your income is to keep existing tenants from leaving.
Maintaining a positive tenant relationship involves regular communication, anticipating their needs, and being proactive.
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
COMMERCIAL LEASES
There are three basic types of commercial real estate leases. These leases are organized around two rent calculation methods: "net" and "gross." The gross lease typically means a tenant pays one lump sum for rent, from which the landlord pays his expenses. The net lease (“NNN”) has a smaller base rent, with other expenses paid for by the tenant. The modified gross lease is combination of the two. While terms vary widely, building by building, when evaluating options for commercial space lease, it is important to compare the different lease options paying attention to all expenses, and not just the base rental rates. Net lease base rental rates tend to be much lower, with additional expenses added for the real monthly rate.
The most important rule of commercial leases is for tenants to read their leases carefully, and clarify exactly what expenses they have responsibility for. Circumstances under which additional charges will occur should be identified and caps on expenses negotiated.
We are here to help you and your clients with all aspects of the commercial market. Please contact us for further assistance!
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
When it comes to residential and commercial property management, are they really that different? In short…yes.
One of the largest differences between residential and commercial property management is the skill sets required to be successful. While some basic duties will overlap for both real estate types, commercial property managers are required to have a much broader, diverse and specific set of knowledge in order to successfully run their property types. Commercial covers an array of different property types (medical, office, retail, restaurant, industrial, etc.), which house drastically different businesses. Another big difference between residential and commercial property management is the people that occupy the property. While every tenant has needs to service, those needs do not translate into dollars and cents for residential tenants as it does for commercial. Tenants in a commercial property are running a business in that space, and how that space functions directly affects the success of their business. Think about it in terms of broken air conditioning. A residential tenant will be unhappy and uncomfortable, yes, but it isn’t an issue that loses them money. In a commercial property, having an issue with air conditioning means a tenant’s clients will be uncomfortable and unhappy, possibly causing them to lose business.
*Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
What does triple net or “NNN” reference mean in a commercial lease?
In a commercial lease the rents are often quoted as being triple net, or NNN. What this means is that in addition to the quoted rental rate, the tenant, under the lease, is responsible for their share of the operating expenses and real estate taxes associated with the property. Triple nets refer to 3 categories; Maintenance, Insurance and Taxes, thus the NNN (net-net-net) reference. Maintenance generally covers the maintenance of the property, including landscaping, common area utilities and property management. Because different landlord's might include or exclude certain expenses from their definition of NNN’s, it is important to ask the question to be better able to accurately predict operating expenses.
We are here to help you and your clients with all aspects of commercial property management. Please contact us for further assistance.
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
What is the difference between subleasing and assigning a commercial lease?
An assignment occurs when a tenant transfers its entire interest in a leased property for the remainder of the term of the lease to another party. A sublet occurs when the tenant transfers anything less than its entire interest. When an assignment occurs, tenants are normally released from all responsibility for the lease. However, it is important to note whether the terms of an assignment actually give a full release from all responsibility. Sometimes the language will keep the original tenant on the hook if the new tenant fails to pay rent or fails to fulfill its obligations. On the other hand, with a sublease the tenant remains ultimately responsible if the subtenant fails to uphold its responsibilities.
We are here to help you and your clients with all aspects of commercial property management and leasing. Please contact us for further assistance!
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
LOCATION - LOCATION - LOCATION
Why does location matter so much to businesses? If you’ve decided to open a retail business in a new area, it’s important to find a real estate broker who is knowledgeable about the best areas to set up shop and draw new customers. Every city or town has its hotspots — areas where pedestrians frequently pass by, or walk through, on their way to work or school. These are the areas to target in order to have a successful retail business in a new area. Without the proper consultation and knowledge on your side, it’s easy to fall into the trap of cheap property in the wrong part of town. That is not to say that there aren’t some great opportunities in properties that cost less to rent, but there is a certain premium to be paid on customer-facing properties that actually draw customers. A local real estate broker is someone who has lived in the city you are considering, so they know exactly what works and what doesn’t. Find someone who can tell you about a property’s history: which businesses have operated from that location, which of them have succeeded and which have failed, and why the property is currently on the market. If it’s a long list of commercial and retail failure stories, you’ll know to look elsewhere for your business.
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
What is this thing called "Quiet Enjoyment"?
In a commercial lease, quiet enjoyment is the most fundamental and often misunderstood right obtained by a tenant. The covenant of quiet enjoyment means more than just a noise-free environment. It is an obligation that provides that the landlord will not interfere with a tenant's right of possession or tenant's enjoyment of the leased premises. In most leases, the covenant is written in the lease document, setting out the parameters for quiet enjoyment.
We are here to assist you and your clients. Please give us a call should you have any questions.
There are no warranties, express or implied, including fitness for a particular purpose, made with respect to this communication. Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should obtain the advice of an attorney well versed in these matters.
COMMERCIAL RENT CONTROL?
Is there rent control on commercial property?
Whether you're the tenant of a commercial rental space, or the landlord managing the property, rent increases can be a tricky business. Meanwhile, no such laws prohibit a sudden rent increase for commercial properties. Instead, commercial leases are strictly governed by the original lease agreement.
We are here to help with the management of your commercial building.
NOTHING FOUND HEREIN SHOULD BE CONSTRUED AS AN ATTEMPT TO OFFER OR RENDER A LEGAL OPINION OR OTHERWISE ENGAGE IN THE PRACTICE OF LAW. YOU SHOULD NOT RELY SOLELY ON THIS INFORMATION. WE ENCOURAGE OUR CLIENTS TO WORK WITH A LAWYER EXPERIENCED IN COMMERCIAL AND/OR RESIDENTIAL REAL ESTATE MATTERS AS THEY CAN BE COMPLICATED AND CONFUSING.
2019
HAPPY NEW YEAR
How do commercial leases differ from residential leases?
It's crucial to understand from the get-go that, practically and legally speaking, commercial leases and residential leases are quite different. Here are the main distinctions between them:
*Fewer consumer protection laws. Commercial leases are not subject to most consumer protection laws that govern residential leases -- for example, there are no caps on security deposits or rules protecting a tenant's privacy.
*No standard forms. Many commercial leases are not based on a standard form or agreement; each commercial lease is customized to the landlord's needs. As a result, you need to carefully examine every commercial lease agreement offered to you.
*Long-term and binding. You cannot easily break or change a commercial lease. It is a legally binding contract, and a good deal of money is usually at stake.
*Negotiability and flexibility. Commercial leases are generally subject to much more negotiation between the business owners and the landlord, since businesses often need special features in their spaces, and landlords are often eager for tenants and willing to extend special offers.
Before you sign a lease agreement, you should carefully investigate its terms to make sure the lease meets your business's needs.
There are no warranties, express or implied, including fitness for a particular purpose, made with respect to this communication. Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should obtain the advice of an attorney well versed in these matters.
COMMERCIAL BUSINESS PLAN
What is a real estate marketing plan and why do you need one? Whether you have an established marketing team or working with limited resources, developing an effective commercial real estate marketing plan can be overwhelming, especially in the highly competitive digital age. When faced with an abundance of different marketing tools and solutions, it can be all too easy to fall into the trap of spreading your game plan thin and lose focus on core objectives.
Creating a real estate marketing plan will serve as a blueprint for your property marketing efforts for a specified timeline. It will help you document and organize all key activities, efficiently manage multiple tasks, track overall progress of your project, and communicate the plan with various landlords with greater clarity.
There are no warranties, express or implied, including fitness for a particular purpose, made with respect to this communication. Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should obtain the advice of an attorney well versed in these matters.
COMMERCIAL TENANTS WITH "ISSUES"
How should a landlord and property manager deal with a problem commercial tenant? One of the first steps is to complete a thorough, well-drafted lease that will anticipate and address most problems. The lease should spell out in detail what circumstances will constitute an event of default under the lease and should state the remedies that are available after an event of default, including immediate eviction and the recovery of damages, attorneys’ fees and other costs of enforcing the lease.
Beyond that, the best thing a landlord can do is find and sign solvent, reliable tenants. Landlords should conduct proper due diligence and get detailed financial statements from prospective tenants. To help ensure payment from corporate tenants, landlords also should require written personal guarantees from the individuals and their spouses who own the corporation or other entity that is the named tenant.
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
Building Maintenance
When it comes to the maintenance of commercial property, responsibilities are divided between landlord and tenant according to the lease. It is important that you understand your responsibilities for the repair and maintenance of the building and the premises you are leasing. Tenants are typically responsible for internal repairs and landlord responsible for external repairs and maintenance. In some cases, you will also be responsible for external maintenance as well. This is more likely if you are the sole occupant of a building.
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
Estoppel Certificates
In commercial real estate it’s not uncommon to come across estoppel certificates, especially when a property is being sold? What are they, and why do landlords require them?
Estoppel certificates are documents required by lenders to assure the rights of all parties involved are properly documented. An estopped certificate is a certification from a landlord and a tenant that outlines the terms and conditions of the lease.
Should you have a question or comment, we would love to hear from you!
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
LANDLORD OR NOT?
Many people aren’t born to be landlords, and many property owners find hiring a third-party company to be very beneficial to their portfolio. The decision to hire a property manager for your properties can be a tough one. If you have tight margins to begin with, bringing a property manager into the mix could make your properties operate at a loss. However, most people aren’t born to be landlords, and many property owners find hiring a property management company to be very beneficial to their portfolio. Many landlords feel that their time is worth more to them than saving money by managing themselves. Landlords are willing to pay to no longer worry about the micro details and instead focus on other things such as business or family. Property managers have more to offer than just dealing with tenant and maintenance issues. There are many laws and regulations landlords must follow that they may not even know about. Staying on top of these laws is an important, yet overwhelming, task for many, and a property manager can often insulate landlords against any liability.
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
Understanding and negotiating commercial real estate leases
Understanding and negotiating commercial real estate leases can be complicated and they are very different from residential leases. Before signing any commercial lease, you need to know what questions to ask, and how rent, load fees, and other added fees are calculated. Armed with knowledge you can negotiate the best deal possible! Negotiating a good deal in a commercial lease starts with asking the right questions. Once you have answers to certain questions, you can research more about types of leases, leasing terms, negotiating commercial leases. You will also be better able to plan your finances, and your negotiation strategies if you know what questions to ask. A few questions just to start:
What Type of Commercial Lease is Being Offered? The type of lease being offered is probably the most important thing to consider first because it determines how you will be charged rent. The terms of commercial real estate leases are defined by the type of commercial lease.
Are the Terms of the Lease Negotiable? All commercial leases should always have at least some room for negotiation, no matter how small. A completely inflexible landlord is generally not someone you want to lease from because "inflexible" often equates with "unreasonable."
What Insurance Coverage Does the Lease Require Tenants to Purchase? Few business owners new to commercial leasing will look beyond their actual monthly rent and utility costs when determining if a space is affordable, but you also need to consider your insurance costs. Moving from a home-based business into "brick and mortar" space will cost you more to insure your business because in addition to your own insurance needs, your landlord will probably require you to purchase insurance to protect him/her as well.
