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Mark Rauch's Tenant Rep Times                      April 13, 2010
 
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MARK DAVID RAUCH
Greetings!
 
Welcome to the "Tenant Rep Times".  You are receiving this edition of my eNewsletter because you  rent or own commercial office space and are either my client or a potential client.  I trust you will enjoy this issue and get a "gem" or two out of it.   
 
Your email address will only be used to communicate with you and will NEVER be sold, shared, rented or otherwise provided to other entities.
IN THIS ISSUE
10 TRAPS TO AVOID AS AN OFFICE TENANT
THIS WEEKS RESOURCE
MARK'S' POINT OF VIEW
10 Traps To Avoid As An Office Tenant 

Presented By Mark D. Rauch

 

  "You may disappointed if you fail, but you are doomed if you dont try."
                                                                 -Beverly Sills-

Humor 

Trap #1:

WAITING TOO LONG TO START THE EVALUATION PROCESS
Negotiations with the landlord and legal preparation of the documents can be very time consuming. Architectural plans need to be prepared, building permits secured and actual build-out completed. Six to twelve months is a good time frame to use when looking for new facilities. The longer the time period taken the more leverage is retained in the negotiating process.

Trap #2:

BEGINNING A SPACE SEARCH WITHOUT DETERMINING BOTH CURRENT AND LONG TERM NEEDS
Evaluation of space needs include not only square footage but also the nature of the floor plan, communication needs, parking requirements, access and security. These considerations should precede the market and facility research phases. Long term planning includes obtaining facilities and lease terms which allow companies to expand, downsize or relocate as circumstances dictate.

Trap #3:

USING NO BROKER AT ALL
Unless someone in the company is already an expert in commercial real estate, most business owners cannot and should not take the time to learn this new industry. Since commissions are paid by landlords on most transactions whether or not the tenant is represented, the additional cost for tenant epresentation is usually zero.

Trap #4:

LEASE COMMENCEMENT DATE IS NOT TIED TO COMPLETION OF CONSTRUCTION
Leases should always include a clause which provides for an extension of the lease commencement date if construction delays are encountered which are not caused by the tenant.

Trap #5:

CONDITION OF THE PREMISES
Tenants who take possession of the premises "as-is" put themselves at great risk. It is best to have the landlord guarantee the space is up to current building, fire, safety, zoning and ADA codes. It is also important to have the landlord guarantee the electrical, plumbing, and HVAC systems are in good operating condition, particularly if the tenant has responsibility for maintenance and repair under the lease.

Trap #6:

USING THE LANDLORD'S PROFESSIONALS
In many situations the tenant should use architects, space planners and general contractors under their control to ensure the most efficient design and the least cost.

Trap #7:

LACK OF UNDERSTANDING THE TRUE SPACE COSTS
Tenants do not always understand the difference between usable and rentable space they are leasing and the impact on occupancy costs, or different types of leases such as full service, modified gross, net, etc. This confusion may cause business owners to make less than optimum decisions.

Trap #8:

PAYING TOO MUCH RENT
Tenants who do not obtain accurate, current market research may pay too high a rental rate. Reliable information is especially important with lease renewal negotiations. It is more costly for a landlord to secure a new tenant then to offer generous concessions to retain an existing tenant. Market knowledge can extract these concessions.

Trap #9:

PAYING FOR TOO MUCH SPACE
Tenant did not use a space planner and leased offices which were too large or had an inefficient floor plan. Tenant did not verify the landlord's dimensions and figures and is paying rent on "phantom" space.

Trap #10:

LIMIT ON FUTURE FLEXIBILITY AND COMPANY GROWTH
How fast is the company going to grow? Will it be necessary to downsize? How likely is a merger? These situations, and more, indicate the tenant's need for as much flexibility as possible. Proper language should be inserted into the lease document which will allow a cancellation or modification of the lease under certain circumstances.

 

 

Nothing contained herein is to be considered legal advice.  Always seek legal advice when evaluating any legal document.  

This Weeks Resource

Resource
 
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Mark's Point Of View 
 
Question: I am in the process of trying to purchase a building for my business and have secured a purchase contract through the Real Estate Agent representing the Seller. Within the contract I have contingencies for obtaining my financing and to complete structural and environmental building inspections. The Seller wants to limit the contingencies to 30 days and says that if I need more time we can work with extensions. Can this be accomplished within that time frame?
 

Answer: Although no two transactions are alike, there are certain similarities to most. In order to obtain fully approved lender financing, it typically will take two to three months. During that time frame the lender is also going to require certain inspections to be completed in order to project their interest in the event the lender would need to foreclose and take ownership. The other issue you face is you will be spending a great deal of money for your required inspections. You do not want to risk expending your time and incurring these expenses while hoping the Seller will provide you with extensions. I suggest a minimum of 90 days in order to accomplish your investigations.   
 
I also wanted to reiterate that we are requesting meetings with Professional and Corporate Office Tenants. We are looking to represent a handful of Tenants, each occupying 5,000 rentable square feet to 500,000 rentable square feet.  Please call or email us to schedule a time to discuss how we can help.
My focused speciality is solely driven to advocate the office space interests of Southern California-based corporations and professional services firms in leasing and purchasing negotiations of all types-renewals, relocations, renegotiations, recasting, subleasing, terminations and investments on a local, regional, national and international basis through a network of offices in 200+ markets around the world.
 
Assignments range from single office lease transactions to national and multi-national real estate portfolios.
 
It is my sincere desire to develop meaningful, long term relationships as your trusted
Tenant Rep Consultant and friend.
 
Regards, 
 
Mark
MARK DAVID RAUCH 

Thank you for taking the time to spend a few minutes with me.

Sincerely, 
 
Mark D. Rauch                               
Senior Vice President
Travers Realty Corporation
Direct: 213-430-2469
Mobile: 818-943-2959
License # 01019455 
 
MRAUCH@TRAVERSREALTY.COM   
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