Lease Negotiators Need To Be Agents Of Reality And Counselors, Not Just Gladiators

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A good friend of Ruminations contacted us to discuss the kinds of provisions one might include in a retailer’s lease when the floor above it houses a residential apartment. We’re not going to share the “fruits” of that discussion today, but for one. And that one is: “Lease provisions won’t paper over the most common problems.”

The most common problem is related to the reality of the situation. A residential tenant needs more protection from the activities related to a retailer than does the retailer need from the apartment dweller. What is more, just because the retailer may be well within its lease rights to do whatever annoying thing it might be doing, that’s no insulation from continuous complaining by the residential tenant. [Read more…]

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