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Office Lease Renewal – The Landlord is Not Your Friend

DON'T GAMBLE WITH YOUR OFFICE LEASE RENEWAL

One of the most common phrases I hear from office tenants is “the landlord is a friend” as reasoning why they don’t need professional representation. Ah, the Office Lease Renewal. Is there anything more misunderstood in commercial real estate? If you’re an office tenant considering going it alone I encourage you to re-consider. Below we’ll cover a few reasons why this is the case.

1. THE LANDLORD IS NOT YOUR FRIEND

Ok, maybe he is. Let’s draw a line of distinction here going forward. If you were not already friends with the building owner prior to leasing space there, the Landlord is Not Your Friend. His motivation for befriending tenants in the building is purely good business. By building a relationship with tenants the owner is able to change the dynamic from what it truly is – a business transaction. In a business transaction one would be primarily concerned with the financial impacts and wider implications for their operations. If the office lease renewal process is a chat among friends, this can re-frame the nature of the discussion entirely… entirely in the landlord’s favor.

2. THE UNREPRESENTED TENANT IS AN UNINFORMED TENANT

The tenant that does not seek a professional tenant rep to look after their interests will not be informed about the market. This unrepresented tenant may not even know what rental rates their building is quoting at the time of their lease renewal. If you don’t know the starting point during a negotiation how can you measure your results? How will you know if the deal on the table is a fair market deal? You won’t.

The friendly landlord would prefer this situation. The strategy of befriending the tenant means getting them to let their guard down. The tenant will develop a level of trust with the ownership. They will believe that the owner is looking out for their best interest. This can lead to the tenant making poor business decisions, such as representing themselves, not verifying the market conditions, and failing to check their deal against others in the building or in their area of town.

3. DON'T ADVERTISE YOUR INTENT TO RENEW

I regularly hear from office tenants that they plan to contact their landlord directly to initiate the office lease renewal process. Their intent is to secure a competitive deal on their own, and if that fails, to bring in a tenant rep to attempt improving the deal. Unfortunately, what this communicates to the landlord is that the tenant ultimately intends to renew the lease. Their intent to renew was so strong they did not even find it necessary to hire a broker. And now that the numbers aren’t attractive enough to them, they want to insert a broker. There is a right way and a wrong way to approach the office lease renewal. Can you guess which category this fall under?

Hiring a tenant rep broker at the beginning of the process would maintain the tenant’s leverage. The broker would ensure the tenant understands the market conditions, the rates for similar buildings, the vacancies in the area available for possible relocation. The broker would also ensure that the landlord understands this as well. The knowledge of the market and experience of the tenant rep broker will even the playing field for the tenant.

4. NEW TENANTS ARE GETTING BETTER DEALS

It is extremely common for new tenants in a building to secure more competitive deals than existing tenants. This is due primarily to the fact that existing tenants are statistically less likely to relocate. The landlord knows this and will use it to his advantage. Moving can be a hassle, and typically it is something to be avoided if possible. An unrepresented tenant will very likely leave money on the table because the landlord understands this. The tenant may focus exclusively on the rental rate, with little thought given to rental abatement, improvement allowances, master lease revisions, and other concessions which are typical for a new tenant to receive.

CONCLUSION

For tenants preparing to begin the office lease renewal process it might be useful to consider professional representation. You wouldn’t step in the court room to represent yourself with hundreds of thousands of dollars on the line – so we would you do it with the office lease? The landlord may be friendly, but the income of his asset (the building) is directly tied to the deal you agree to. His intent is to secure a higher rental rate, which is in direct opposition to your motivation as the tenant. As a tenant you may negotiate a lease once every 3-5 years. The landlord is doing this multiple times each year. Don’t go it alone, get representation.

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Contact us today if you’re dealing with a renewal proposal and would like advice or more information on the market.

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Should Office Tenants Hire an Architect?

When Should an Office Tenant Hire Their Own Architect?

As a tenant searching for new commercial office space the process can often be complicated and time-consuming. After hours of touring properties and narrowing down options the first phase of negotiations begins. With this phase comes an important decision to be made: Should the office tenant hire an architect or use one provided by the landlord? Several factors will determine whether this makes sense or not. These may include the overall complexity of the construction work required, and the desired amount of interior design needed to make the space ready for occupancy.

Before we dig into the reasons for and against hiring your own architect let’s review the basics of space planning.

What Is Space Planning?

Typically when a commercial office space tenant finds a vacancy they like the first step offered by the landlord’s broker is a space plan or test fit. The landlord will usually have a preferred architect to use for this. The cost for a basic test fit will be approximately $0.10-$0.15 per square foot. This usually includes a couple revisions to the plan as the tenant and architect fine tune the design. This cost is usually paid for by the landlord as an inducement to engage negotiations with the prospective tenant, and is considered a cost of doing business for them.

Below is an example of a simple space plan which illustrates how a tenant might occupy and utilize a prospective office space.

Reasons for Having Office Tenants Hire an Architect

So what are some reasons an office tenant may decide to hire an architect?

1. Guaranteed Impartiality: the Landlord will have no influence in the design of the space and specific elements of the design which can drastically affect costs.

2. Workspace Efficiencies: by definition, architects design workplace configuration. Using your own architect allows you to make your space a function of your organizational culture. Whether you’re looking for an open floor plan, office intensive layout, break-out spaces, etc, the architect is tasked with achieving your required needs within the most efficient layout possible. The square footage savings here can more than make up for the added cost of the architect’s fees.

3. Construction Scope Complexity: if the scope of the job is significant it can be very useful to have your own architect managing the details of the design process.

4. Optimizing the Tenant Improvement Allowance: all tenants want to maximize the value of any tenant improvement allowance provided to them. The architect can play a key role in ensuring these dollars are spent how the tenant desires.

5. Ensuring the Space Meets all Governmental Codes and Regulations: it is in the tenant’s best interest to ensure a new office space meets all necessary codes and regulations prior to accepting and occupying the space.

GUARANTEED IMPARTIALITY

When office tenants hire an architect they can be sure the design and specific elements contained within are aligned with their desired use. The landlord will not have control of the design process and generation of the construction plans. There can be opportunities to secure cost-savings which a tenant’s architect will be more motivated to identify and capture. The tenant can also be assured that the area calculations for the usable square footage are 100% accurate (which is not always the case).

WORKSPACE EFFICIENCIES

Many business owners want to strategically organize and plan their office space to impact the organizational culture and operations of the business. When office tenants hire an architect it can be a great way to work collaboratively to achieve this result. Whether an open floor plan is desired, or finding space for the right number of private offices, or building a large enough break area to give employees space to unwind, an architect can assist with all of these and more. Finding ways to organize a space layout efficiently can greatly reduce the square footage and therefore lower the monthly rental expense for the business.

SCOPE OF CONSTRUCTION REQUIRED FOR YOUR BUSINESS

If the current as-built layout for an office space is similar to the tenant’s desired plan, it may not be necessary to have office tenants hire an architect. With a small project scope for construction the work could be completed without detailed architectural and construction plans. However, this is often not the case, and as a result the complexity and cost of the deal will increase. A significant change to the space configuration is a key reason why office tenants hire an architect to assist them.

Relocating an office space is a lengthy process and can be disruptive to the business. For a move to make sense the new space should be efficient and laid out properly to accommodate the desired business operations. Changing the layout or configuration of a space can result in numerous construction updates, but may be necessary for the space to work.

OPTIMIZING THE TENANT IMPROVEMENT ALLOWANCE

One key component of any office space negotiation is the amount of tenant improvement allowance. This is the amount of money the landlord agrees to pay toward improvements for the space to make it ready for a new tenant. The space plan and construction documents prepared by the architect will greatly influence the costs bid to complete the construction work. It is crucial that tenants and their brokers review all elements of the plans to verify they match the desired outcome. Items missing from the initial plan may require costly change orders after the lease has been signed if the landlord ultimately agrees to turn-key construction. Alternatively, fluff items may have been inserted in the plan which inflate the project cost. The inflated cost will negatively impact the tenant’s bargaining position during negotiations, and the fluff items may be removed at a later stage to save the landlord money.

The tenant’s architect can help identify costly building materials and elements which may not be necessary. Removing these items early in the process can help optimize the improvement allowance negotiated and avoid surprises after the lease is signed.

ADDING INTRINSIC VALUE AT THE COST OF THE TENANT

All commercial office buildings are assets to their owners. These assets have an intrinsic value which is affected, in part, by the value of the materials and finishes within them. Within any large-scale construction project to update a commercial office space there can be many decisions made that affect the value of the space and therefore the building. The key point here is to ensure that all of these decisions align with the tenant’s desired occupancy and use of the space.

ENSURING SPACE MEETS ALL GOVERNMENTAL CODES AND REGULATIONS

Another advantage to using your own architect is to ensure that the newly updated office space conforms to all applicable codes and ordinances. Changes can occur over time and some offices will need to be updated and brought back into compliance. The architect will have key knowledge regarding these necessary updates and how much they will likely cost. As the tenant it is in your best interest to have the space meet code to avoid any disputes with inspectors down the line.

Conclusion

Not all commercial office space tenants will choose to hire their own architect – and not all of them should. This decision comes down to the overall complexity of the work to be performed, the amount of tenant improvement allowance at stake, the quality of the building and materials finishes, etc. Generally speaking the larger the space and construction scope, the more to be gained by hiring your own architect.

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