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OnDemand Course

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.

Lease renewals are a complex dance between a landlord, a tenant and the competing market where each party has a desired business outcome and perceived leverage. Recommitting to a long-term lease without proper analysis of legal and business issues can keep in place prior poor decisions, create exposure to prospective compliance with law issues or create new flexibility and value for tenants. This information will help you focus on the key issues to consider in lease renewals - with or without a contractual option to extend in your lease.

90 minutes
Course Exam
Certificate of Completion
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Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Key Issues in Tenant Lease Renewal Negotiations, With or Without an Option

  • Financial Analysis of Renewal Rent and Re-Tenanting and Relocation Costs
  • Occupancy Requirements
  • Surveying and Touring Potential Relocation Spaces
  • Reviewing Existing Lease for Non-Market Terms
  • Market Leverage

Lease Renewal Negotiations With an Option in Place

  • Early Broker and Business Level Discussions
    • Entering Into NonWaiver Letters
    • Maintaining NonBinding Nature of Discussions
  • Timing and Mechanics of Option Exercise
    • Occupancy Requirements and Other Conditions of Option Exercise
    • Reviewing the Lease for Procedures Following Option Exercise
  • When the Use of a Letter of Intent Is Appropriate
  • When to Rely on an Option or to Negotiate Outside of the Option

Lease Renewal Negotiations With an Existing Tenant With No Option Right

  • Strategy for Captive Tenants

Other Key Issues:

  • Subtenants in Renewal Negotiations for a Direct Lease
  • Approved Tenant Improvements and Allowances
  • Preserving Flexibility for Potential M&A Transactions
  • Credit Support Issues
  • Compliance With Laws
  • Impact of Zero Net Energy Requirements

Case Study Hypotheticals

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on May 20, 2020.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Margaret R. Duskin, LEED GA

Margaret R. Duskin, LEED GA

Cushman & Wakefield of California, Inc.

  • Executive Director with Cushman & Wakefield in San Francisco, one of the world’s key office property markets
  • Was recruited to Cushman & Wakefield in 1998, from the Ernst & Young Real Estate Consulting Group
  • Recognized as a market leader in office leasing and sales
  • Sold or leased over 10 million square feet of office and retail property
  • Real estate career includes commercial property brokerage, corporate consulting, and advisory services
  • President of a regional brokerage firm (eight offices in Northern California)
  • With this diverse experience, works with clients on a higher level of business challenges and creative solutions; applies an insightful, consultative approach based on real-life acumen
  • Understands management goals, budgets, HR, and governance issues
  • Specializes in complex deal structures, advanced lease negotiations, and corporate strategic planning
  • Known for expert communication skills, achieving client’s commercial property goals through visioning, strategic planning and financial analyses, and teamwork
  • Focus is tenants, particularly law firms; venture capital and advisory; corporate clients, plus health care
  • Investment experience is extensive and varied
  • Experienced as 15+ years of landlord representation
  • Sophisticated knowledge of what buyers/owners/ landlords want to achieve in cap values, ROI’s and leasing
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’s 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 415-227-3504 or [email protected]
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Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406756
Published 2020
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