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Mark Rauch's Tenant Rep Times      June 4, 2013                 
 
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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.   
 
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IN THIS ISSUE
5 WAYS TO REDUCE YOUR SECURITY DEPOSIT
THIS WEEKS RESOURCE
MARK'S' POINT OF VIEW
5 Ways To Reduce Your Security Deposit 
Presented By Mark Rauch
 

"The desire not to be anything is the desire not to be" 

                                             -Ayn Rand-                            

Arrow        

What is a "normal security deposit"? It depends. The security deposit is a guard against the landlord's interpreted financial risk. Generally Landlords ask themselves two questions in considering security deposits:

1. How much is it costing me in terms of Tenant Improvement dollars and Rent Abatement in order to get this tenant into my building.

2. How much faith do I have in the financial soundness of the entity signing the lease?

If you're Microsoft, you'll likely pay no security deposit.  If you're  a start up you will most likely need to come up with a large security deposit.  Security deposits usually fall between the equivalent of 1 to 6 months of rent.

Here are a few things that may help you keep your security deposit on the lower end of this scale.

Personal Guarantee

A personal guarantee is a legal contract between a landlord and an individual to guarantee a specific obligation of a business, usually the remaining rental obligation under a lease. Personal guarantees provide the landlord with additional recourse in the event of a default on a lease agreement. The implications of a personal guarantee are significant because personal assets (e.g., house, cars, retirement funds, etc.) are at risk if the party defaults on the lease.  Many times it is possible for the Personal Guaranty to expire "x" months after lease commencement, or limiting the dollar amount of guaranty to tenant improvements, free rent and commissions.  Sometimes it is possible to have the guaranty amount diminish in equal annual installments over the lease term or a portion of the lease

Letter of Credit

A letter of credit is not property of a bankruptcy estate and thus can provide a landlord with quick access to funds via the issuing bank.

Find Built Space

Building office space can easily cost $60 per rentable square foot or more.  On a 20,000 RSF lease transaction that is $1,200,000.00.  Landlords shelling out this kind of money want their pound of flesh in the form of security. One of the easiest ways to reduce your security deposit is to find space that is 2nd or 3rd generation space which is already built out and will only require carpet and paint and perhaps moving a wall here and there, as opposed to raw space or space that will need to be demoed and where the landlord will "build to suit" or give you a cash contribution toward the build-out.  Already built space will be viewed more favorably when it comes to determining the security deposit.  In all likelihood your Tenant Representative will have to point this out to the Landlord.

Take Less Free Rent

A seasoned Tenant Rep should always negotiate a healthy amount of rent abatement. The net result of negotiating free rent can range from 3 months all the way to a month of free rent per year or more. From a landlord's perspective, free rent is a necessary evil dictated by the market. It is also looked at as cash out of their pocket that they will want to securitize depending on the strength of your financial statement.  From a Tenant's perspective there are a two strategies worth considering:

1. Half rent instead of free rent: let's say instead of 6 months of free rent you agree to 12 months of half rent. This helps the Landlord because they have immediate cash flow, which should equate to less risk and a lower security deposit.

2. Take less free rent.  Every deal has a lot of moving parts. Evaluating less free rent involves simple math what is it worth to you and to the Landlord to have less free rent in exchange for less security or perhaps a lower base rent?

Negotiate a "Burn-Down"

If you pay your rent on time, eventually, you should have established enough credibility that your Landlord feels comfortable holding less security.  You have to negotiate the Burn Down up front and it must be part of the lease. Typically, the idea is that each year of the lease term or a portion of the lease term, the landlord will give back a month (or more) of security deposit.

The key is that there are no hard and fast rules - negotiate what makes sense for your business; and make it part of the lease document.

Everything after your name and landlord's name is a negotiation.

Please contact me to discuss your office space needs.

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

 Case Study

 

Case Study

 

We recently represented an advertising firm that was leasing 7,000 RSF at the time we were hired.  My client had just picked up 2 very large accounts and the space he was occupying was not working anymore both from a size and layout standpoint.  In addition, he was in a traditional high rise office building and desired to get into a low rise creative space in an urban setting with outdoor elements.  He had eleven months remaining on his lease term.  Tall order. 

 

We researched the market and narrowed the potential sites down to the most likely candidates.  Ultimately we picked a 15,000 RSF stand alone annex to an office building on Wilshire Boulevard that was previously occupied by a major Airline Company.  18 foot exposed ceilings, floor to ceiling glass on all four sides of the space and concrete floors just waiting to be polished. 

 

The transaction we negotiated is for ten years and includes a below market lease rate, 12 months of rent abatement, a 30% discount on parking for the term of the lease and a tenant improvement package worth close to a million dollars.  In addition we were successful in negotiating a private outdoor patio which the existing landscaping lent itself too. 

 

Total negotiating time was four months and the Landlord insisted we sign a non-disclosure statement since the transaction is so aggressive.  Needless to say our client is tremendously happy with our results.     

 

Mark's Point Of View


Question: Mark, what's the difference between a Leasing Agent and a Tenant Rep

 

Answer: The Leasing Agent has the listing on the property and represents the interests of the building owner.   A Tenant Representative or "Rep" represents the interest of the Tenant in a lease transaction. Some agents work exclusively on listings, others will take on tenant representation engagements only, while others will work on both which is a big conflict of interest.  
 
I also want 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.
 
The only way to help you is to hear from you.
 
Please don't keep me a secret.  Other than representing you, a referral is the greatest compliment I can receive. 
My focused specialty 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

[email protected]
License # 01019455 
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