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Temporary Leasing and Temporary Licensing

By Glenn A. Browne
June 18, 2010

Not very long ago, the idea of leasing within the common areas of an enclosed regional center or on a short-term basis within any type of retail facility was viewed as more of an intrusion than a sought-after tenancy. Over the past several years, however, income derived from temporary leasing/licensing transactions has proven to be a tremendous financial benefit for landlords. As a result, nearly all major landlords have a division that deals exclusively with temporary leasing/licensing matters. Furthermore, the temporary tenants are no longer comprised solely of “mom and pop,” new “start-up” businesses and similar tenants that could not afford the rents paid by “in-line” tenants, but rather may be composed of national tenants and sophisticated tenants very familiar with the leasing process.

As a result, practices that at one time were common and standard for landlords in conducting these temporary leasing/licensing transactions have now become much more sophisticated negotiations. This article addresses several of the changes that have transpired over the past several years, including the use of a lease as opposed to a license, relocation rights, termination rights and exclusive rights.

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