Guerilla Leasing Tactics for the Space Challenged Retail/Restaurant Tenant

Date: September 18 2019 CLE Credits: 1 General

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Rebroadcast - September 18, 2019

  • 9:00-10:00am PST / 10:00-11:00am MST / 11:00-12:00pm CST / 12:00-1:00pm EST

Course Description

This program was recorded on January 11th, 2019

The objective of this seminar is to discuss strategic analysis of the lease form and isolate those very significant legal and business provisions which have the greatest impact on the retail and restaurant tenant. An overview of rent commencement will be discussed, as well as co-tenancy, signage and access. Also, we will highlight different areas of importance to the various types (retail/restaurant) of tenants. Sample tenant riders for gross sales and common area maintenance will be included as well.



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  • Jeffrey A. Margolis
    Margolis is proud to call himself a “dirt” lawyer: a specialist in property transactions-- buying, selling and, mostly, leasing. Over the years he has frequently lectured and written on cutting-edge issues in retail and restaurant leasing matters--presenting at NYU's Real Estate Institute, Fordham Law School and the ICSC (International Council of Shopping Centers) Law Conference; also, New York City, County and State Bar Associations and many real estate CLE providers. Jeff is now editing a new book--The Dirt Dictionary--featuring lease law columns he has written for The Commercial Observer. In 2017 Jeff was appointed an adjunct professor of Real Estate at Brooklyn Law School, his alma mater, where he teaches Commercial Leasing.

    Contact Jeffrey A. Margolis
      • 1 General Credit
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      Each On-Demand course is available to you for 1 year from date of purchase. Additionally, CLE credit is only available within that year.
    1. Lease Commencement and Rent – fixturing and permitting period; rent commencement date; “drop dead” date; fixed and percentage rent
    2. Permitted Use – common law and lease language
    3. Exclusives and Continuous Operations – land burdened by the exclusives; obligation of tenant to operate and which circumstances give tenant the right to “go dark”
    4. Co-tenancy – tenant’s obligations and landlord’s restrictions
    5. Radius Restrictions – similar and competing venues
    6. CAM Charges – expenses incurred in Common Area Maintenance
    7. Signage, Access, Alterations – landlord’s consent; visibility; repairs
    8. Option to Renew – terms and insurance
    9. Special Considerations for Restaurant Leasing
      1. Permitted Use – type of restaurant; zoning; liquor license
      2. Rent Commencement – restaurant must be fully operational
      3. Utilities and Expenses – electric; sewer; water; gas; sprinkler
      4. Trade Fixtures and Signage – visibility and consent
      5. Trash Removal, Venting, Grease Traps and Deliveries – issues for high-rise buildings; street level access vs. front interior access
      6. Co-tenancy – anchors and criteria
      7. Roof Rights – satellite dishes, wi-fi
      8. End of Term – removal of fixtures

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