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Commercial Leasing Tips
How to...
1. Determine the fair market price of a space for lease 2. Evaluate whether a space is right for a tenant 3. Decide what length of time the term a lease should be 4. Evaluate whether exclusivity benefits or harms tenancy 5. Negotiate the best price and terms of a lease 6. Ensure that the terms of the lease fit your best interests 7. Build a team of experts to help you make sound decisions 8. Confirm that proper insurance is in place to protect both parties 9. Evaluate NNN (Triple Net), Gross Lease, CAM charges, etc 10.Locate the best tenant or available space for lease
(answers below...)
1. Determine the fair market price of a space for lease: With an ever-changing marketplace, it can be challenging to figure out what the current trends and market rents are in a specific area. The true market value of market rent is the price a tenant would pay for a space that is available in the open market. Since every property is inherently unique, it is wise to be educated on the terms offered at similar competitive properties as well as what new tenants have recently paid for comparable space. Search the local classified ads, websites like LoopNet & CoStar, or contact a commercial real estate broker for an up-to-date list of properties.
2. Evaluate whether a space is right for a tenant: Besides "location, location, location", there are several factors to consider when evaluating whether a space fits a tenant. Access and exposure to the tenant's target market, proper parking, zoning, ADA requirements, electrical and plumbing supply, restrooms, fire prevention equipment, existing tenant mix and facilities on the premises and in the surrounding area, financial stability, credit, and durability of both the tenant and the landlord, ability to negotiate a lease on terms that are agreeable to both parties, proper business plan, compliance with local agencies and regulations, etc. 3. Decide what length of time the term a lease should be: Since a lease is a legally binding agreement, the length of the term is very significant. Short-term leases with options afford both parties the flexibility of terminating or renegotiating upon expiration of the term, but offer less security regarding the length of tenancy, price, and other terms. Long-term leases provide some sense of assurance that the space will be filled for the landlord and that the tenant has a stable location to operate their business from. Always remember that lease agreements are legally enforceable and can be enforced through arbitration or litigation, so pay attention to whether the lease offers a mediation clause to handle disputes.
4. Evaluate whether exclusivity benefits or harms tenancy: Competition can sometimes be the deciding factor as to the success or failure of a business. Synergistic businesses that attract like-kind customers and clients can provide very positive effects for individual businesses and the overall success of a building, while direct competitors with superior pricing, products, or services, can be the bane of existence for a tenant or landlord. Tenants who can find locations where they either monopolize a market or exist among constructive competition should thrive, and landlords that place the right tenants in their spaces have a higher chance of success.
5. Negotiate the best price and terms of a lease: There are many ways of entering a lease agreement, from standard to elaborate documents to verbal or "handshake" agreements. While verbal agreements can be legally enforceable, it is always recommended to agree to the terms in writing. There are free leasing forms available online, they can be drafted by an attorney, and real estate brokers have access to leases that have been approved by the California Assocation of Realtors. The number of pages or time it takes to secure proper lease terms should not determine the sufficiency of a lease, but proper terms describing the length of the term, the price to be paid, maintenance and insurance responsiblities, options, concessions, improvements, an exit and remedy strategy, subletting, time of possession, security deposit, late charges, parking, mediation/arbitration, escalation clauses, and obligations upon exipration of the term of the lease.
6. Ensure that the terms of the lease fit your best interests: With such a variety of terms and options available to incorporate into a lease agreement, it is critical to make sure that the terms are in your best interest. While it may be sufficient to agree to the terms of a lease after careful review, it is always recommended to have the document reviewed by a knowledgable real estate broker o an attorney that has experience in real property transactions.
7. Build a team of experts to help you make sound decisions: No matter your level of expertise, it is always a good idea to have a team of experts to rely on when you need advice. By developing relationships with tenants, property owners, real estate brokers and lenders, attorneys, accountants, financial advisors, insurance agents, contractors, planners, government agency employees, and hiring experts to provide advice and services and referring business to the people that you like to work with, you will surround yourself with experts in the fields that will help you make sound decisions in various situations.
8. Confirm that proper insurance is in place to protect both parties: Typical leases require the landlord and tenant to carry insurance, but it is very important to make sure that the right type of insuranceis in place with the right amount of coverage. Landlords should typically consider carrying liability insurance insuring themselves, a property insurance policy in an amount sufficient to cover the replacement cost of the property, and rental loss insurance. Tenants should carry liability insurance naming the landlord as an additionally insured and it is advisable to carry business interruption insurance. It is typical for landlords and tenants to exchange insurance policy informationb at the time that the lease is executed, but may times that is the last time the policies are verified. It is always a good idea to verify coverage at lease once every year to ensure that each policy is still valid and covers each party for the amount agreed upon in the lease.
9. Evaluate NNN (Triple Net), Gross Lease, & CAM Charges: There are a wide variety of methods of handling the other expenses associated with the property such as maintenance, insurance, and taxes. NNN leases require the tenant to pay those costs, so it should be clear how much the tenant will be expected to pay for fixed costs like taxes and insurance. Gross leases feature a fixed amount for the term of the lease (unless there is an escalation clause in place) whereby the landlord pays the taxes, maintenance, and insurance. CAM (Common Area Maintenance) charges are typically applied on gross leases whereby the tenant pays the landlord for maintenance items such as landscaping, snow removal, general repairs and groundskeeping, etc and can vary in Lake Tahoe due to fluctuations in snowfall over the winter.
10.Locate the best tenant or available space for lease: Tenants and landlords have a variety of methods by which they can search and compare options to find the right fit. Newspaper classified ads, sites like LoopNet, CoStar, and TahoesChoice, and local commercial brokers have access to lists of space available for lease. Property owners can place signage on their properties, place print or internet ads, alert their peers, or hire a broker to find them a tenant. The advantages of using a broker is that there are no up- front costs to market the property, and for a reasonable fee the principal receives agenct representation from a licensed professional with a legal fiduciary duty to represent your best interest. Brokers often have access to systems like the MLS (Multiple Listing Service) and websites that can give your property national and international exposure, reaching a high number potential tenants to maximize exposure and the likliehood of placing a good tenant. Tahoe's Choice Real Estate has access to proprietary information pinpointing businesses that are growing in revenue and acquiring more space, which helps locate the type of tenants that are looking for and have the means to survive in new space. Feel free to contact us anytime for more information on leasing commercial space in the Lake Tahoe area.
* The information above is deemed to be reliable, but not guaranteed or warrantied by Broker. Always consult with your attorney and financial advisor prior to making a decision about purchasing, selling, or leasing any property. |