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About Stephen G. Stwora-Hail

Steve has more than 30 years of experience in greater Sacramento’s real estate community. He brings unrivaled depth and breadth of knowledge of real estate law to the negotiation table representing commercial developers of retail, office, industrial/warehousing and residential projects with the acquisition, land use, development, construction and leasing of their properties. He negotiates on behalf of sophisticated landlords as well as anchor and credit tenants and knows the critical issues of both sides. Steve represents financial institutions and developers in negotiating real estate secured loans and workouts. He also assists developers in forming entities to hold their real estate interests for tax purposes and investment strategies. Read more about Steve here. Contact Steve at [email protected]

True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiating a Lease

Part 7:  Additional Rent – Common Area Maintenance Costs. Common Area Maintenance costs (generally known as “CAM”), should be one of the most negotiated areas of a commercial lease as so many factors and positions come into play which will vary according to the make-up of each commercial project.  A tenant needs to be wary that its Landlord is not using CAM costs as potential profit center for the management, operation and maintenance of its commercial project.  Likewise, a tenant [...]

By |2018-10-15T19:14:03+00:00September 21, 2018|Commercial Real Estate, General|

True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiating a Lease (Part 6)

Part 6:  Additional Rent – Insurance. Insurance is one of the three major categories of Additional Rent in commercial leases which are generally passed through to the tenant, the other two being Taxes and Common Area Maintenance Expenses (they are also the three pass-through categories that coin the phrase “triple net lease”). The insurance section of any commercial lease is usually the section where most tenants’ eyes begin to glaze over when they come across terms like “indemnity” and “waiver [...]

By |2018-08-09T23:34:46+00:00June 29, 2018|Commercial Real Estate|

True Confessions of a Landlord’S Counsel: What a Commercial Tenant Needs to Know When Negotiating a Lease (Part 5)

Part 5:  Additional Rent - Taxes. Substantially all the amounts that make up “Additional Rent” fall into three major categories: Taxes, Insurance, and Common Area Costs.  In this part we will focus in on Taxes.  In most commercial leases a landlord will want to pass through to each of its tenants their fair share of all the real property taxes and assessments that are billed by the local county assessor’s office against the legal parcel of land on which the [...]

By |2018-04-12T19:06:44+00:00April 6, 2018|Commercial Real Estate|

True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiating a Lease (Part 4)

Part 4:  Additional Rent. Additional Rent is a collection of all the various costs of operating a building and its surrounding property that a landlord charges a tenant, in addition to the “Base Rent” that the landlord charges for space within its building.  Most commercial leases generally fall into one of two major categories, “triple net leases” or “gross leases”.  The major difference between these two forms of lease is the manner in which they pass through to the tenant [...]

By |2018-01-20T00:45:33+00:00January 12, 2018|Commercial Real Estate|

True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiating a Lease (Part 3)

Part III: The Letter of Intent. A letter of intent (“LOI”) is generally considered a nonbinding acknowledgement between the parties that they have reached a tentative understanding of some the material business points that are to be contained in the lease, so that they feel comfortable enough to expend additional time and expense towards negotiating a definitive lease that will incorporate the terms acknowledged in the LOI, and other terms to be negotiated by the parties. Once the LOI is [...]

By |2018-08-09T23:35:21+00:00June 16, 2017|Commercial Real Estate|

True Confessions of a Landlord’s Counsel: What a Commercial Tenant Needs to Know When Negotiating a Lease (Part 2)

Part II: It Starts With A Good Team: Do’s and Don’ts of Picking Brokers and Attorneys. If you need new space for your business and know the parameters of what you need, such as size, general location, and any specific amenities (e.g., high traffic intersection, rail line spur, LEED certified platinum rated energy efficient building, etc.), then the next thing you need is a good, savvy tenant’s broker who works exclusively with the type of real estate with which your [...]

By |2017-10-11T16:57:46+00:00June 15, 2017|Commercial Real Estate|

True Confessions of a Landlord Counsel: What a Commercial Tenant Needs to Know When Negotiating a Lease (Part 1)

Part I: The Premise: Commercial Tenants Do Not Negotiate Their Best Deal. After over 30 years of negotiating leases representing both landlords and tenants you tend to notice a few things about the parties with whom you deal. One that stands out most is that most commercial tenants will leave a lot on the table if they do not have a seasoned leasing attorney guiding them through a 40-60 page document that the landlord typically prepares in its own favor. [...]

By |2018-08-09T23:36:36+00:00June 14, 2017|Commercial Real Estate|