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Frequently Asked Questions
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It depends on the
market conditions and the size of your requirement.
Typically, in a stabilized 90% occupied market,
the best time to begin looking for a 1,000-5,000
SF requirement is 3-6 months before your lease
expires; for 5,000-15,000 SF requirements, 6-12
months; and for requirements in excess of 15,000
SF, 12-18 months is the most effective time
frame. When tenants have time on their side,
they are not at the mercy of landlords and are
not considered by them to be a "captive
audience". The best deals are struck far
in advance of the target lease commencement
date. Many corporate executives miss the proverbial
boat and all the potential incentives because
they have begun negotiations too late in the
process and have lost their position of strength.
When landlords know your timing is tight they
will almost always exploit this perceived weakness
and capitalize on it by demanding their asking
terms and being inflexible when negotiating
the lease document.
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Actually, no. Tenant Representatives
and co-brokers simply share in the landlord's
agent's fee, which is already built in to the
building's operating expenses. In fact, brokers
for the Tenant can typically negotiate much
more favorable deals for the tenant because
they know the building's vacancy and projected
future vacancy as well as what incentives are
being offered in other buildings in the same
market. Additionally, when a prospective tenant
is represented by a broker, the landlord knows
that the prospective tenant is considering other
options and that the landlord needs to be competitive
with their rates and incentives. The prospective
client ends up getting a better deal when working
with a representative because the client is
shown numerous alternatives and will benefit
from the broker's many years of experience regarding
market conditions and negotiation terms.
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Not really. The landlord's agent's
job, enforced by a listing contract, is to get
the best terms possible for the landlord. Landlords'
agents can not simultaneously protect your best
interest and not undermine their contracted
client, the landlord. Many companies drive by
buildings & respond to availability signs
and solicit information from the internet. They
think that by doing this themselves and not
engaging an agent, they save money. In actuality,
companies save money and time by utilizing the
knowledge and experience possessed by a professional
Tenant Representative.
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Tenant Representatives have
market knowledge which attorneys do not. Most
leases are written by landlords and are very
favorable towards the landlord. Attorneys primarily
provide protection for the legal issues and
often elect to remain uninvolved in the business
terms as that is not part of their education
and experience. A very important part of a tenant
representative's job is to know the market conditions
and to educate their client about the best business
terms they can obtain. Also, a Tenant Representative's
can foresee issues that may not be apparent
at the time, but need to be negotiated for future
protection of the client. For example, Jason
Stagman has years of experience negotiating
business leases. He continually educates himself
on what competitive terms different landlords
are providing and he uses that knowledge to
negotiate on behalf of his clients. Additionally,
based on his extensive experience he can foresee
what terms need to be addressed at the time
of signing the lease even though they may not
be relevant for several years.
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Yes, sometimes. Sophisticated
landlords often recognize and compensate Tenant
Representatives when negotiating renewals because
if the tenant representative relocates the tenant,
the landlord's cost to acquire a new transaction
will likely be much greater. Some of the landlord's
costs include a full tenant improvement allowance
to retrofit the space for a new tenant and a
new use, rental losses during the marketing
of the space and construction of the improvements,
and marketing costs which may include a full
commission as opposed to a lesser fee typical
of renewal fees. Landlords almost always prefer
to pay a modest commission to retain a tenant
than to re-let vacant space. The clients, of
course, benefit because they get the education
of what other spaces are available, to know
they have made the right decision to stay, and
they get the knowledge of a Tenant Representative
in negotiating the best terms on their behalf.
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Often you do. A landlord wants
to keep a good tenant in the building. When
push comes to shove, especially in a soft market,
a landlord, under the right circumstances, will
often grant numerous concessions to tenants
in exchange for an extension of term. For example,
if your building were 20% vacant, you occupy
10% of the building, have 1.5 years remaining
on your lease, and offered to sign a brand new
5 year term now in exchange for a reduced rate,
refurbishment including fresh paint and new
carpeting, and a month free from rent, and assuming
you were working with a Tenant Representative
who is showing you alternatives in the market,
your landlord would likely be inclined to grant
you these provisions.
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