Negotiating Commercial Leases

About the Course:

Landlords and their tenants are experiencing pronounced economic distress.

Whether you are a landlord or commercial tenant, this unique seminar will provide you with strategies and tactics for negotiating a more favorable relationship with your tenants or landlords.

Negotiating Considerations for Tenants

  • Ascertain your landlord's economics (occupancy rate, local market conditions, landlord's own financial leverage, ownership structure of your landlord's business (e.g. REIT or privately held)
  • Optimum timing for entering into negotiations with your landlord
  • Possibility of extending lease to win concessions
  • Subleasing as an alternative to default (negotiate for little or no approvals)
  • When to request "Early Termination Clauses"
  • Discern the merits of escrowing tenant improvement costs (to make sure the money is there, as promised)
  • Use of appraisals to negotiate amended rents
  • Gain leverage over landlord by requiring landlord financial statements and Letters of Credit
  • Make sure you have the right non-disturbance language
  • Determining risks and consequences of litigation

Negotiating Considerations for Landlords

  • Incentivizing brokers to increase flow of prospects
  • Gathering information from brokers regarding competitive rents to use as leverage in renegotiations
  • Using the threat of litigation as a renegotiating tool
  • How requirements for landlords to mitigate damages after a default by the tenant is affecting renegotiations
  • The use of Alternate Dispute Resolution - Arbitration and Mediation - in lieu of litigation
  • When to use and how to structure proactive extensions
  • How to combat tenant power with more negotiation over "ancillary" clauses/issues that weren't discussed before
    • Rents may be better, but tenants will have less privileges
    • Options will have floors
    • More guarantees will be requested
  • Restrict transfer rights without consent
  • Use of Letters of Credit as security
    • Make sure they're irrevocable; upon presentation only

Course Leader

Stuart I. Teicher, Esq., is an attorney and an experienced real estate developer. Mr. Teicher maintains a boutique practice in East Brunswick, New Jersey where he concentrates on sophisticated real estate and business law in New Jersey and New York. Prior to starting his own firm he was in-house counsel for a large regional real estate developer for 15 years. The developer did over $200,000,000 in sales annually and was listed as #29 in the 2004 Builder Magazine "Fast Track" list. They developed for-sale and rental properties throughout New York, New Jersey and Pennsylvania including numerous mixed use projects located in redevelopment areas.Mr. Teicher also acts as a court appointed Condemnation Commissioner and a Foreclosure Mediator.

Stuart I. Teicher, Esq. is a member of the bar in New York, New Jersey and Pennsylvania and practices actively in all three states. He received his BA from Rutgers University, Livingston College and his JD from Rutgers School of Law-Camden.

Course Length: Approx. 3.5 hours


Need help purchasing this course? Please contact Neomi Barazani at 609-919-1895 ext. 100 or at