Landlords always want to “approve” a tenant’s construction plans, but why? It can’t be that they are more expert than the governmental department that checks “to code.” Construction has to meet the code’s requirements even if a landlord has approved the plans.

Is it a matter of taste? Does the landlord think the ladies room should be where the men’s room is located and vice versa? How about whether the tenant wants to use a smooth ceiling tile and all of the other stores have a popcorn tile (not counting the 42% that don’t)?

Certainly, it is legitimate to “vet” any items that threaten the “structural integrity” of the building or change common utilities or services. But, doesn’t the lease say that anyway? If is doesn’t, it should. [Read more…]