Give Tenant ‘Protected Area’ in Center

Because retail tenants are concerned about keeping their storefronts and window displays visible to potential customers—and providing easy access if a customer chooses to shop there—it’s common for them to ask for a lease clause barring you from doing anything that makes their space harder to see or get to. That’s reasonable, but it has the potential to make it harder for you to do maintenance work or renovations that, unfortunately, block visibility. But you can protect your tenant’s visibility and access without hurting yourself if you:

• Establish a “protected area” in front of the tenant’s space in which you agree not to place obstructions. Remember to set out specific exceptions that allow you to act within the protected area, however, to protect your own interests.

• Define the protected area—and the activities that you are permitted to do there. In negotiating a protected-area definition, it’s important to anticipate your future needs—particularly any expansion plans.

For four rights to carve out for yourself once the protected area is defined, and for Model Language you can use to help you do this, see “Limit Your Liability for Blocking Visibility, Access to Tenant’s Storefront,” available to subscribers here.

Not a subscriber? Click here for a free trial issue!