Menu

News and Updates from our Team Members

Pay attention to how your use clause is written in your lease.  If you don’t, it could come back to haunt you and cost you in many ways. 

Although all tenants need to pay attention to this and make sure the use clause is written correctly, retail tenants need to do this the most.  Imagine you are a retail tenant and you sell a food item, for instance, coffee, as part of your menu.  How do you make sure you always have the right to sell coffee under the terms of your lease?  It’s not as simple as it sounds.  And what if you don’t want other tenants to have the right to sell coffee?  This is where the exclusive use clause comes in.

It is my opinion that a tenant should have a broad use clause.  Example:  “Tenant shall have the right to sell food products”.  That way, the tenant has the right to pretty much sell any type of food product.  But for a landlord, it would be better to limit the use clause to something like “ Tenant shall only have the right to sell coffee and coffee-related drinks”.   In practice, savvy landlords and tenants end up writing the use clause somewhere in between the aforementioned two options.

The exclusive use clause is different than the usual use clause and adds to it in that it should prohibit or severely limit another tenant from selling your main product.  But again, how the exclusive clause is written is of paramount importance.  Example:  “Tenant shall have the exclusive right to sell coffee at the Project” and it might add “except for up to 10% of another’s tenant’s gross income” or something like that with more details for clarification.

The above examples are for retail tenants but the same principle holds true for office, industrial or other types of leases also.  If these clauses aren’t written just right you can have a legal battle on your hands and if the clauses weren’t crafted correctly you probably won’t win the battle so I urge great caution.

I have written and studied thousands of use clauses and make it a priority for my clients to do it right.

If you have questions about any of the above topics or have any CRE needs, please contact David Massie at david@djmcre.com or 805-217-0791

Read Original Article
It’s #GivingTuesday: How Can Your Biz Help?
Black Friday – a vacation day for many – jumpstarts the holiday shopping orgy. Cyber Monday continues the buying spree once folks are back at their desktop computers. Not-for-profit organizations ... Read Original Article
Are You a New, Small Biz? Start with a Do-It-Yourself Website
This is an update to " To DIY or not to DIY...That is one of several questions ” dated 12/12/2012. Starting a new business on a shoestring? Need a website, but don’t have the budget? Don’t ... Read Original Article
Try Facebook Marketing If You’re Dreaming of a Green Christmas
Yes, it’s late, but you can still pull together a holiday marketing campaign for Facebook and Instagram. Read on (quickly!) for tips that you can implement right away.   Tip #1 is to start ... Read Original Article
Prep Your Website Now for Holiday Shopping
This is an update to " Wooing Web-Savvy Shoppers " dated 11/1/2011 Every year, the National Retail Federation conducts a   survey on consumer trends for the upcoming holidays . Do you know ... Read Original Article
Final Thoughts for Pumping Up your Email Newsletter Opens Next Year
At a recent presentation on social media marketing, someone asked the under-thirty speaker if email was still a thing. The answer was “Well, I don’t even look at my email every day, so I’d say ... Read Original Article
Prep Your Facebook Page for the Holidays
This is an update to " No Place Like Facebook for the Holidays? ” dated 12/4/2013. Most wonderful or not, it’s that time of year again. The holidays spur purchases from gifts and decorations to ... Read Original Article
3.5 Tips to Write Eye-Catching Subject Lines That Really Get Noticed in Gmail
So were you more inclined to click through than usual? Attractive subject lines can be, well, subjective, but there are some statistically-based recommendations you can use.   The subject line ... Read Original Article
Choose to Build the Right Home for Your Website
This is an update to " Knowing More Makes Your Website Less Dangerous ” dated 7/22/2013. Every business needs to be online, but there are so many options! How do you choose between the website ... Read Original Article
Check Analytics for Timing to Improve Email Open Rate
Last time we gave three reasons why email communications are still valid options in today’s marketing mix. But, as they say, “timing is everything!”   Do you know the best time to send email ... Read Original Article
12345678910Last

Business Categories

Synergy Business Connections helps businesses grow through relationship marketing and we follow the exclusive category format with one member per Conejo Chamber of Commerce business sub-category. Your business sub-category appears on your Conejo Chamber profile page, right under your business name, to see if your category is eligible. We welcome you to join us at a meeting as our guest to experience the Synergy network for yourself.

Some messages from our group...

What makes the Conejo Valley special, unique or interesting?

I like to call Thousand Oaks "the biggest little town in the country." Even though its size is well over 100,000 residents, it still has a small town feel. You are liable to see someone you know every time you go out. I also like the fact that it has protected itself from the blight that has ruined so many other communities in Southern California by restricting things such as billboards, building structure and height, paid parking lots, and corner strip malls. 

— Cary Ginell - VC On Stage