Retail Commercial Leases – Tenant and Landlord Perspective

 Presented by Elana A. Luber, Esq.

Wednesday,  September 20th, 2017  2:00-4:30 p.m.

“Retail leases are very complex (and these days, long) legal documents, filled with land mines for both parties – in almost no other type of real estate contract is the saying more true that “The devil is in the details.”  Retail leases are more complicated than leases for office or industrial property, because there are many more issues involved with retail space and the monetary amounts involved are usually much higher as well.  Unlike an office building or an industrial complex, the success and viability of a retail center – even a small strip mall – depends on the synergy of all of the tenants; tenant mix is crucial.  But even with a good tenant mix, landlords and their counsel need to fully understand the potential repercussions of all the myriad concessions that may be given to a retail tenant (e.g., go dark rights, kick-out clauses, exclusive use rights, co-tenancy clauses, permit contingencies, assignment clauses, etc.), and how the exercise or violation of such clauses can adversely affect some or all of the other tenants in the center, sometimes having a “domino effect” with very negative consequences.  Likewise, retail tenants need to be savvy as well – their lease is one of the most important and valuable assets (as well as one of the biggest expenses) of their business, and the retail graveyard is filled with epitaphs citing “Bad Lease” as the cause of death.  In most cases failure to scrutinize the lease contract prior to signing leads to nasty surprises from which the business may not recover.

Elana Luber, a transactional real estate attorney with 23 years experience who is a retail leasing specialist, will give a presentation on some of the major types of clauses found in a standard retail lease, from both the landlord and tenant perspective.  The presentation will focus on the more business oriented type clauses, and will not address the more “legalistic” ones such as insurance, indemnity, default, casualty damage, eminent domain, the notice provision, etc.  Elana will address various problematic clauses and their solutions.”

A Tools for  Success Networking Mixer & Seminar Event

2:00-2:30 p.m. Check-In, Networking & Introductions

  • Networking mixer

  • Around-the-room introductions

  • Bring copies of your listing flyers

  • Complimentary refreshments

2:30-4:30 p.m. Retail Commercial Leases – Tenant and Landlord Perspective

  • Retail leases are very complex documents filled with landmines for both parties

  • Be aware of typical clauses found in any standard retail lease

  • Understand the ramifications of all these types of clauses

  • The violation or exercise of certain types of provisions can have negative consequences for the landlord and tenant

  • Solutions to various problematic clauses that will satisfy both parties

  • Q&A with Elana

Guest Speaker

  • Elana A. Luber, Esq.

Additional Information

  • Free parking and complimentary refreshments.

  • Gift raffle.

  • For more information email [email protected]

We look forward to seeing you here!


525 N. Cabrillo Park Drive, Suite #125 Santa Ana, CA 92701

Inside the Offices of the Apartment Association of Orange County

Guest Registration

On-site guest registration is only $25 cash/check or $27 credit/debit . Please complete the registration form and bring it to the registration table to expedite the process.

RCAOC Registration

FREE registration for Primary, Secondary, Education, Trade Affiliate, Student & Public Service Members. Please let us know you’ll be attending by using our member registration form.


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