Real Estate Law Blog
Welcome to the Angel Law Offices Real Estate Law Blog -- where we provide information, insights, observations, as well as real estate tips and legal updates.
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MindJet Case Study
MindJet, the leading mind mapping software company, features Rick Angel as a MindJet Success Story for his innovative use of technology in the legal industry. Rick began using MindJet Mindmanager over 5 years ago as a tool to manage the firm's transactions and to provide efficiencies for his clients. Mind mapping has been instrumental in the firm's efforts to improve client services and decrease client costs. [Read More]
VIEW MindJet Case Study
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Operating Expenses: Cost-Saving Exclusions for Tenants
Landlords incur operating expenses to pay for real estate taxes, insurance and the maintenance of common areas of office buildings, shopping centers, industrial buildings and other multi-tenant commercial buildings. To recoup these costs, provisions in commercial real estate leases allow landlords to charge tenants a pro rata portion of the total operating expenses based on the square footage each tenant occupies. Tenants can reduce their leasehold occupancy costs by negotiating with the landlord to limit the type and kind of operating expenses charged to the tenant. To limit their leasehold expenses, tenants should seek to exclude the following items from operating expenses...
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Operating Expense Exclusions: Sample Provision
As a follow-up to our post on Operating Expenses: Cost-Saving Exclusions for Tenants, we are posting a sample provision for the exclusion of specified expenses from a shopping center lease. The category of exclusions will change based upon the type of property being leased (office, industrial, etc.) and the state in which the premises are located. A landlord's receptivity to proposed exclusions will vary based upon general market conditions, the size of the lease and the type of property being leased.
Notwithstanding anything to the contrary contained the Lease, or elsewhere, "Operating Expenses" shall not include the following expenses...
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Financing a Tenant’s FF&E - Economic Issues that Impact Landlords and Tenants
Tenants often need to finance furniture, fixtures and equipment (“FF&E”) that will be used at the premises. In order to do this, a tenant must grant its lender a first priority, perfected lien against the FF&E. A careful review of applicable commercial lease provisions is necessary to make sure that (i) tenant is not be prohibited from financing its FF&E, and (ii) landlord is not committing itself to a costly relationship with tenant’s lender.
Subordination of Liens. If the lease or a statute creates a landlord’s lien against tenant’s FF&E, the lease must be modified to either (i) subordinate the landlord’s lien to the lien of tenant’s lender, or (ii) terminate the landlord's lien. The lease should also require landlord to sign lender required documents evidencing the waiver. Without these modifications, tenant may not be able to find a lender willing to finance its FF&E.
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Using a Real Estate Lease Form - Four Caveats to Remember
Four Things to Check Before You Sign a Form Commercial Real Lease:
● Pick the right lease form. There are a myriad of commercial real estate lease forms for various property types and expense allocation methods, including net, gross and modified gross lease forms for commercial buildings, office buildings, industrial buildings, shopping centers. Using the wrong form is a common mistake.
● Read the lease form. People are lulled into a "form mindset," believing that what the form provides is the way it is done. As a result, commercial real estate lease forms are...
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