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Office Space Tenant Improvements – Part 2 of 2

As a reminder, the following information pertains to transactions with a term of at least five years. All standard build-out items should be paid for by the landlord. First, determine how your proposed layout will differ from a typical one and whether your improvements would be utilized by other tenants after you vacate the space in the future. The more they differ from the norm, the more they will be considered a special-purpose build-out and decrease your negotiating leverage for the landlord to pay for them.

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Limited Personal Guaranty

Landlords require security deposits during the term of almost all leases. Most commonly, this protection takes the form of a letter of credit or cash security deposit,determined primarily by the financial strength of the tenant. However,for tenants of more limited means, a landlord may also request a personal guaranty to reinforce the contract. This document makes the signing officer(s)(the guarantors) personally liable.

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Market trends

With late October seeing record numbers of daily new cases of COVID-19, it is probably too early to tell how the pandemic will play out and what its impact will be on local economies.

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Events of Default

Certain “events” may constitute a default of your lease. As a tenant, you should expect these clauses to cover financial distress and avoid any impact when your company is perfectly healthy. For example, when you move out for a more spacious area next door and are trying to sublease your old office, it should not be defined as abandonment as long as you continue to pay rent.

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Lease Negotiating Factors, Part 3: Final Considerations

Great credit is widely considered the best way for a prospective tenant to go to the front of the line for competitive spaces. Security deposits can vary widely from three – twelve months and without strong financial credit, a landlord may even require a personal guarantee depending on the cost to modify a space. On the other hand, some landlords simply choose to pass on making a deal with a tenant who has poor credit.

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