The Five Essential Elements of Successful Lease Negotiations ~ March 15th at 11:00 am, PST

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For this live, online, interactive TV show, our regular guest, Peter Morris and I discuss the Five Essential Elements of Lease Negotiations. This is the second in a series of shows co-hosted by Peter. The first show was The Only Questions You Need to Ask in a Negotiation. The live show will air at 11:00 am, PST on March 15, 2016. Click here to register. You can just watch. But if you want to join in, ask questions or give your two cents, follow the directions at the end of this post. You will need a gmail, email address to participate live. After the live show, the recording will be made available, both in video and audio formats. This topic is taken from Peter's book where he lays out the essential things that you need to accomplish if you are going to win, such as: Read more

A Guaranteed Way to Tell Which Way the Economy is Heading

Image courtesy of Supertrooper at FreeDigitalPhotos.net

You may be surprised to hear that a national economist may not be the one with their ear on the track waiting for the economic train coming. The economist goes to the people in the trenches, who are dealing with the effects of economic conditions on a day-to-day basis. Those people include............. Read more

What is the Most Important Skill for Real Estate Attorneys? Interview with Derrick Gruner

What is the Most Important Skill for Real Estate Attorneys? Interview with Derrick Gruner

This is a must see video for anyone who deals with lawyers, is a lawyer or intends to be one. Derrick Gruner, General Counsel & Chief Legal Officer for Genesis Capital and I discuss how being an in-house lawyer can change your entire perspective on how attorneys can best help their clients. Derrick employs the "risk reward and possibility vs. probability approach" that sounds an awful lot like something I learned as in-house counsel, some 34 years ago. It's nice to know that the same, common sense concepts still apply. Read more

Promises Not Included in the Written Lease May Now be used to Alter the Affect of the Lease

Promises Not Included in the Written Lease May Now be used to Alter the Affect of the Lease

The parole evidence rule "is founded on the principle that when the parties put all the terms of their agreement in writing, the writing itself becomes the agreement. The written terms supersede statements made during the negotiations" A recent California Supreme Court decision overturns a leading case involving parole evidence, since 1935. Previously, when in court, I might have relied on the parole evidence rule to preclude the introduction of evidence of oral promises which directly contradicted a lease. With the expansion of the fraud exception to the parol evidence rule, perhaps, no written lease is sacred. Read more

Growing up in the Business of Apartment Ownership

Growing up in the Business of Apartment Ownership

Pontificating on the subject, I wonder how easy it would really be to evict a tenant cultivating and selling marijuana in their apartment in a state where such activities are now legal. I assume that although now legal in Colorado, a landlord should still be able to prohibit the cultivation and sale of marijuana from an apartment. Read more

Original photo by 'vxla' on Flickr (CC BY 2.0)

Tenant/Business Relocation and Alternative Strategies

You’re looking for new space for yourself or a tenant. Is this the time to consider relocating the business, sometime during the new lease term? You bet, or so says Allen Buchanan. It’s part of your initial lease strategy to anticipate changes, including business growth or contraction. Are there lease provisions that can help ease the pain should the need arise? What happens when a tenant needs to move before the lease ends? What does the tenant do if it can’t? Featured guests: Allen Buchanan (Lee & Associates) and Simon Walker (Raymond Handling).