No one wants problems and Landlords and Tenants are no different.
But occasionally something will happen that causes stress between the two parties. First of all, remain calm, gather your facts and/or your paperwork that supports your position on the issue and schedule a time to talk to the other Party.
Most leases are properly drafted to address many anticipated issues. At these times, the items below may provide you with insight to help resolve the conflict.
The following list should be self-explanatory, but if you have any questions, please contact us.
Typically, it involves Construction Issues and / or CAM
Issues. Since construction issues normally occur in the beginning
before you open, I’ll address them first.
Construction Issues:
1.
If your lease is not executed yet, and the
landlord does not concede to these issues, are you prepared to walk away from
this location?
2.
Was the landlord work clearly defined in the
lease?
3.
Did you compare what work was done, to the work
that was required to be completed prior to accepting turnover?
4.
Did you receive a formal notice of turnover?
5.
Does your lease state that the landlord must maintain
the premises to be structurally sound, watertight and hazardous material free,
(i.e. asbestos)?
6.
Did your lease provide you with any warranties?
(HVAC, electrical, plumbing, etc.?)
CAM Disputes:
1.
Has the landlord provided a CAM reconciliation
statement?
2.
Does your lease have a cap on controllable
expenses?
3.
Does your lease list expenses that can be
included in CAM?
4.
Did landlord provide backup invoices to support
increases.
5.
Do you have a copy of your lease and any
amendments that were executed to date?
6.
Has the square footage of your space and the
shopping center been confirmed to ensure the correct pro rata share percentages
are being used in the calculation?
