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How to Negotiate a Good Tenant’s
Lease & How to Renew a Lease on
Favorable Terms for the Tenant
by
Steven D. Zimmerman,
Restaurant Realty Company
July 2000
Here are the things a tenant
needs in negotiating a good
tenant’s lease:
1. A knowledge of the market
rents for comparable restaurant
space which can be obtained from
a real estate broker.
2.
A viable concept that will
motivate the landlord to lease
to the tenant.
3.
A business plan that includes
the following: a.
operator/tenant’s resume, b.
business financial information
including financial projections
for the new operation, (The
landlord wants to make sure that
the tenant has enough working
capital to get him through his
start up period with several
months of reserve capital to
weather any possible
unanticipated negative events.),
c. copy of the proposed menu, d.
proposed remodeling plans and e.
proposed hours of operation.
4.
A financial package which should
include:
a. a current personal
financial statement,
b. two years most current
tax returns,
c. a current credit report
and
d. a list of at least three
business and three personal
references.
5.
A past history of successful
restaurant experience to
include:
a. past menus,
b. financial statements,
c. customer testimonials
(complimentary letters &
comment cards)
d. the names, addresses and
phone numbers of past
landlords.
Here are the things a tenant
needs for a landlord in
negotiating a renewal of an
existing lease on favorable
terms for the tenant:
1. A past history with the
landlord for being a good tenant
in terms of meeting all of the
terms and conditions of the
lease including paying the rent
and other occupancy expenses on
time.
2. A knowledge of the market
rents for comparable restaurant
space.
3. In negotiating an existing
lease the tenant should
negotiate the lease as far in
advance as possible from the
expiration date of the lease.
The closer the tenant waits to
the expiration date of the lease
the more difficult it could be
for the tenant to negotiate
favorable terms, as time
increases usually rents
increase. Also the landlord
knows that if the tenant wants
to continue his business at the
same location, the landlord has
an advantage over the tenant in
the negotiating process. If the
tenant waits to the end of the
lease to negotiate lease
extensions and if he can’t come
to an agreement with the
landlord, the tenant could be
forced to relocate his business
which could be economically
prohibitive. However, if the
tenant is in good standing with
the landlord, the tenant will
have some leverage with a
landlord in renewing his lease.
This is because most landlords
would rather work with a known
quantity than be at risk with a
new tenant and with possibly no
rental income during the period
the old tenant leaves and the
new tenant comes in.
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