Commercial Lease Acceleration: Termination of Possession vs. Termination of Lease
(posted with permission from Paul Porvaznik; originally posted on paulporvaznik.com)
Form commercial lease language usually gives the landlord the option of terminating the lease OR terminating the tenant's right to possession after a tenant default. Generally, if a landlord terminates the lease, this cuts off his damages at the date of termination. By contrast, if a landlord terminates only the tenant's right to possession, the landlord can still periodically sue for rents as the come due. Stillwell Real Estate Limited Partnership v. Deluxe Auto, Inc., 2011 IL App (2d) 100966-U examines the lease termination-vs.-lease possession distinction. read more
The Battle With Landlords Over CAM Charges
Every retail lease administration professional is all too familiar with the battle with landlords over common area maintenance (CAM) charges. Many issues come into play when negotiating what is in and what is out of CAM costs passed through to the tenant. NRTA member and education presenter C. Gregg Ankenman, Esq., of Wendel, Rosen, Black & Dean, LLP explores some of these issues in the first of two parts in his CAM Wars article. read more
Court rejects a co-tenancy remedy as an Unenforceable Penalty
A California Court of Appeal issued an opinion Grand Prospect that is causing consternation in the retail world and will likely cause many retailers to reexamine the wisdom of over aggressive co-tenancy and exclusive use right remedies. NRTA member and conference presenter Andy Jacobson, Esq., offers a summary of this important ruling. read more
Expanding Knowledge 2015: Educating To Improve Profitability
When: September 27-30, 2015
Where: Orlando World Center Marriott
Retailers and commercial tenants from across the country are making plans to send their lease administration teams to NRTA's 2015 Annual Conference. This year's theme, Educating to Improve Profitability, is expected to draw nearly 500 real estate lease professionals who want to improve their efficiency within the areas of lease management, and maximize their cost recovery skills.
The conference curriculum will include 52 courses and 14 small group discussion sessions over the three-day learning event. Presentations feature leading experts in real estate legal, occupancy cost, lease administration, professional development, office tenant practices, and real estate management. read more
How Many Lease Administrators Do You Need?
Typically property portfolio is a retailer's second or third highest cost center. With that in mind, certainly, the role of lease administrator has increased responsibilities and duties that ultimately impact a retailer's bottom line. This all begs the question of, "how many lease administrators does your company need to properly manage your real estate data?"
NRTA member Kelly Kepley; Vice President, Lease Services, CoStar Real Estate Manager, offers some valuable insight to the question. read more