Section 14 Shopping Center Leases

• Library: Real Estate Leasing and Landlord-Tenant Actions and Remedies 2011

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Shopping center leases have, by their sheer number, become a class by themselves. Generally, shopping center leases fall into a conventional pattern and contain a multitude of sometimes complicated provisions. Because the operation of a shopping center resembles, in many ways, the operation of one gigantic store, the lease usually contains many provisions that relate to the various aspects of common operation among tenants. But every situation is different, and counsel should discuss the impact that these provisions may have on the client.

The right frequently given to landlords to control store hours, deliveries, parking, and common area use sometimes appears to be oppressive, but the successful operation of a shopping center requires a certain minimum of coordination. Use and “exclusive” provisions in shopping center leases have caused great distress to both landlords and tenants, and, more frequently, to their attorneys. Provisions that restrict the landlord’s rights to (1) lease to certain tenants and (2) lease space
for certain types of...