The Lease, REA (Reciprocal Easement Agreement), and the Declaration dictate the various rights of the parties pertaining to use of a shopping center. Tenants’ rights under a lease are usually more restrictive than the rights of owner-occupants under a REA or declaration. Why? Fee ownership establishes a higher status. Plus, larger [...]

The Landlord’s agent LOVES it when you contact them directly about leasing office space. If you aren’t represented by a tenant’s agent (a commercial real estate agent that works for you, the lessee), not only will the landlord’s agent reap in double commission, they will get you to agree to unfavorable terms.
Thus, if you [...]

In commercial leases, Texas courts have held that a ‘warranty of suitability’ applies to all commercial real estate leases. This means that any latent defects in the building and land are the responsibility of the landlord, even if the tenant is contractually obligated to repair the premises. The theory is that the commercial [...]

You will find the majority of shopping center leases contain covenants that restrict competition. That is, the landlord prohibits its tenants from competing with one another.
The landlord wants your business to remain viable (and on the property) and he or she knows that allowing a competitor to operate that close to your [...]