Page 39 - Network Magazine Winter 2019
P. 39

is very important to one side may be minor to the other side. So, one of the keys is to find out what the other side really wants and simultaneously determine if those things are important to
you, while you decide what you want and see how important they are to the other side. Rent is only one aspect.
So, what could be
important? Here are
some examples: timing
(how soon can the ten-
ant occupy the premises); length of lease term; options to renew; annual rent increases; options to expand to adjacent space; an option to decrease the amount of space leased; option by the tenant to terminate the
lease early; an option by the tenant to purchase; the landlord’s right to relocate the tenant within the building or complex; hours of operation (if in a retail building);
the tenant’s right to not remove its renovations and improvements after the lease ends; and the tenant’s right to self-repair (if the landlord doesn’t perform the repairs as required). There are many more.
In my career, I have represented two multibillion-dollar organizations hun-
dreds of times each as both landlord and tenant. I have also represented clients (both landlords and tenants) who only had 2-5 employees.
   Life is too short to become involved in lease negotiations that eventually resemble brutal poker games. I strongly recommend that you avoid them at all costs.
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