Allen Klein said that humor cannot change a situation, but it can change your attitude about it.

I am working on a lease where I represent a restaurant tenant against a well-known, national REIT landlord. Needless to say, the landlord’s form lease is crazy-long and overly one sided, and the landlord is not very flexible.

It seems like lease issues come in cycles: seemingly out of nowhere, a particular issue that may have never been a concern on previous leases arises suddenly only to disappear once again. Is the rise to prominence of a certain issue indicative of something larger at play? Here are the issues I seem to be

Its-the-law-cover-az1I have been told this is a Real Estate Law Blog and that it might be time to blog about real estate law for a change. I know wine and grilled cheese donuts may be more interesting, so bear with me while I transgress.

I just attended and spoke at the International Council of Shopping

The Classic Grilled Cheese Donut

I am attending the Tom + Chee franchisee convention to explain how we can help the franchisees in securing satisfactory leases for their new locations. Tom + Chee is a fast growing franchise with approximately 40 stores open. There should be one near you or coming to a location near you. Tom + Chee obviously

Washington MonumentI just attended the Advanced Commercial Lease Institute at Georgetown University Law Center. The Institute “brings together the brightest minds in the commercial leasing industry” to discuss “the most up-to-date and pressing subjects faced by commercial leasing attorneys.” Attendance is by invitation only and limited to those with at least 10 years of leasing experience.

Glass jar full of money with a white allowance labelThe new IRS repair regulations can impact how tenant allowances are structured.

Traditionally, landlord and tenants have relied on the Section 110 safe harbor so that provided the allowance is spent on leasehold improvements, the allowance is not taxable to the tenant and the landlord depreciates the leasehold improvements over 39 years.

Under the repair

 Fortune Magazine  recently published an article relating to a conversation with the CEO of Kimco Realty, Dave Henry.  Henry makes some very compelling arguments as to why strip malls and brick and mortar retail in general is here to stay for a while and why the population demographics will continue to provide ample

Landlords and their lenders need to rethink their position on payment of construction allowances. The rental structure of a lease is based in part on the amount of the allowance. If a tenant receives no allowance, the lease would undoubtedly provide for a lower rent payment. A portion of the rent is repayment of the allowance