Landlords know that a tenant’s business is not real estate, and therefore cannot afford to be engrossed in protracted negotiations. When a landlord is able to speak directly to an unrepresented tenant, the landlord knows that it’s best to sound accommodating to placate the tenant and to keep the tenant from seeking representation. The landlord will typically offer token discounts, while keeping key lease protections, important facility improvements and other market concessions out of sight and out of mind. Even if such terms were cited by the unrepresented tenant, the landlord knows that the more time a tenant spends on a negotiation, the less time a tenant has to focus on its business.
To make the landlord compete and agree to provide the tenant with the best terms possible, the tenant must demonstrate that it’s not captive by its actions not just its words. It’s important to not only have adequate tenant representation, but also implement the right process that demonstrates that the tenant is effectively a free agent. It starts by understanding how the space efficiency, layout and facility can be improved. It continues by evaluating the market, facilities and landlords pursuant to the tenant’s needs, and having those needs successfully negotiated elsewhere to compel the existing landlord to renegotiate them for the tenant.
Tenants must demonstrate negotiation leverage to avoid leaving money on the table and taking undue risk. Tenants should view a lease expiration or termination option within the next few years as an opportunity, not an inconvenient operational task, to do right by their organization. By breaking through the inertia, tenants can ensure a win-win scenario for both parties, instead of a one-sided windfall for the landlord.
This post courtesy of Exis Global