دانلود کتاب Negotiate the Best Lease for Your Business

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Cover
Title Page
Table of Contents
Part I: Finding and Evaluating Space and ­Developing a Negotiation Strategy
1: Get Ready to Negotiate Your Commercial Lease
There Are No “Standard” Leases
How This Book Can Help You Negotiate a Favorable Lease
2: Looking for Space and Using Brokers
How to Find Space on Your Own
Working With a Real Estate Broker
The Value of Hiring Your Own Broker
How to Find a Real Estate Broker
How to Choose a Broker
Signing a Contract With Your Broker
Handling Problems With Your Broker
3: Evaluating the Space and the Landlord
Visiting and Evaluating Prospective Space
Further Investigation of Promising Space
Environmental Issues to Consider When Evaluating Space
Learning About the Landlord
Management Companies
Holding the Space With a Deposit
4: Understanding the True Size and Cost of the Rental
How Landlords Measure Square Feet
Additional Rent: Gross Versus Net Leases
Percentage Rent—Sharing Income With the Landlord
Computing the True Rental Cost
5: Setting the Stage to Negotiate
How Much Clout Do You Have?
Your Landlord’s Compliance With the Executive Order on Terrorism
Getting Past Deal Breakers
Letter of Intent
Finding and Paying for a Lawyer
6: Your Negotiation Strategy
Your Negotiation Strategy Worksheet
How to Use Your Negotiation Strategy Worksheet
How Your Lawyer Can Help With Negotiations
How to Modify the Landlord’s Lease
Part II: Common Lease Terms
7: Lease Basics
Naming the Landlord and Tenant: Parties to the Lease
Describing the Leased Space
The Use Clause and Exclusive Clause
8: The Length of Your Lease
When Do Your Legal Responsibilities Begin and End?
The Crafty Use of “As of” [Date]
How to Keep Track of Dates With a Timeline
Staying After the Term Ends: Holdover Rent
9: Rent
Basic Rent
Taxes as Additional Rent
Insurance as Additional Rent
Operating and Common Area Maintenance Costs as Additional Rent
Audit Rights
10: Security Deposits
Where the Landlord Will Keep the Deposit
How the Landlord Will Use the Deposit
When the Landlord May Use the Deposit
The Fate of the Deposit at the End of the Lease
Letter of Credit: An Alternative to a Cash Deposit
11: Improvements and Alterations
Improvements Versus Trade Fixtures
Renting Space in a Building Under Construction
Improvements to Your Space
Paying for the Improvements
The Tenant Improvement Allowance (TIA)
The Building Standard Allowance, or “Build-Out”
Paying a Fixed Amount for Improvements
The Landlord Pays for All Improvements
When Do You Start Paying Rent?
Making Alterations During Your Tenancy
12: Maintenance, Utilities, and Code Compliance
Maintenance, Repairs, and Janitorial Services
Utilities
Compliance With Building Codes and Other Laws
Compliance with the Americans with Disabilities Act (ADA)
13: Parking, Signs, Landlord’s Entry, & Security
Parking
Hours of Operation
Signs
Landlord’s Right to Enter Your Rental Space
Building Security
14: Option to Renew or Sublet and Other Flexibility Clauses
Restrictions on Your Flexibility
Option to Renew the Lease
Option to Expand Clause
Rights of First Refusal and First Offer
Option to Lease Less
The Assignment and Sublet Clause
Termination Clause
Option to Purchase
15: Insurance Clauses
Property and Liability Insurance
Insuring Your Trade Fixtures and Inventory
Rental Interruption Insurance
Business Interruption Insurance
Leasehold Insurance
Waivers of Subrogation Rights
Indemnity or Hold Harmless Clause
16: Breaking the Lease, Disputes, and Attorney Fees
The Landlord’s Remedies If You Fail to Pay Rent or Breach Another Lease Term
The “No Waiver” Clause
Your Remedies If the Landlord Breaches
Mediation and Arbitration
Attorney Fees
17: Foreclosures, Condemnations, ­Guarantors, and Other Clauses
Subordination and Attornment
Estoppel Certificates
The Condemnation Clause
Surrender Clause
The “Entire Agreement” Clause
The “Severability” or “Survival” Clause
Lease Guarantors
Signatures
Index
Book Registration
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