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Current Issues in Lease Renewal Negotiations - Captive Tenant and Market-Based Renewal Transactions


Stay compliant and understand the key issues to consider in lease renewals.

This presentation will focus on the changing environment in lease renewals and lease amendments, both in the context of an option exercise and a negotiated lease renewal. Given the paradigm shift in vacancy rates and demand for space, tenants need to plan well in advance and avoid falling into the captive tenant category. The presentation will focus on the process of approaching lease renewal negotiations for each landlord and tenant, the due diligence needed to identify issues to be discussed, the nuances of the definition of fair market rent, and developments in compliance with laws, credit support, security deposits, energy efficiency and conservation, force majeure, and the use of improvement allowances that are impacting lease renewal negotiations.



Manuel Fishman, Esq.

Manuel Fishman, Esq.

Buchalter Nemer

  • Shareholder with Buchalter Nemer
  • Focuses practice on representing real estate developers and owners in the acquisition, sale, and financing of commercial properties
  • Active leasing practice representing owners of several major office buildings in San Francisco, including the Transamerica Pyramid, as well as tenants in lease and sublease transactions
  • Expertise includes letters of intent, tenant improvement work agreements, security deposits/letters of credit, signage rights, expansion and contraction rights, permitted transfers, operating expense audits, and lender and master landlord recognition agreements and extensive experience in the area of ground leasing and retail leasing
  • Leading attorney in the area of landline and wireless communications and Internet-based services in commercial properties and rooftop installations
  • 2020 Best Lawyer in America in real estate law, an honor he has received since 2007; 2014 Top Rated Lawyer by American Lawyer Media, 2012-2018; one of Bay Area Magazine‚Äôs Top Lawyers in the Bay Area; and recipient of the 2019 Raymond C. Nann Distinguished Service Award
  • Frequent lecturer on office and shopping center leasing matters and frequently writes for industry newsletters
  • J.D. degree, magna cum laude, Santa Clara University School of Law; B.A. degree, State University of New York at Purchase
  • Can be contacted at [email protected] or 415-227-3504

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