Subleasing Tips, Fees, and Requirements of AIR CRE Leases

Subleasing can be tricky, and it is often time-sensitive. Lessee may be paying rent on space it is not using. Potential sublessees often have an immediate need and a delay can cause them to look elsewhere. Before requesting Lessor’s consent, it is helpful to know key provisions of the AIR CRE Lease relating to subleasing. [...]

AIR CRE Revamps Option To Extend Addendum

The AIR CRE Option To Extend Addendum has been a staple of California leasing transactions for decades.  AIR CRE recently made a number of important changes to further improve the addendum, particularly to the process for determining Fair Market Value (FMV). Below is a summary of key aspects of the new procedure to determine FMV: [...]

Does Lessee Forfeit its Option To Extend if it Subleases its Premises?

Many lease transactions include an option for the tenant to extend its lease term.  The AIR CRE Option(s) To Extend Addendum is frequently added as an afterthought when completing an AIR CRE Lease.  This well-drafted addendum does provide that Lessee can lose its option under certain circumstances. Question: If Lessee subleases all (or a portion) [...]

BREAKING: Prop. 15 Defeated

The Associated Press projects that Prop. 15 will fail with 52% of Californians voting against the measure. The Associated Press article is here.  The LA Times article on Prop. 15’s defeat is linkedhere. If passed, Prop. 15 would have created a “split” property tax roll. Many commercial and industrial properties would have lost “Prop. 13 [...]

Mixed-Use Properties are Partly Exempt From Prop. 15

In general, Prop. 15 requires commercial properties to be re-assessed to market value, but excludes residential properties from re-assessment.  Mixed-use properties are unique in that they are used for both commercial and residential purposes. Question: Will mixed-use properties be re-assessed to market value if Prop. 15 passes? Short Answer: There are three key rules for [...]

The Hidden Small Business Tax Cut in Prop. 15

Background on Prop. 15: On November 3, 2020, California voters will decide whether to adopt the “Split Roll” Initiative, Prop. 15.  If passed, many commercial and industrial properties would lose “Prop. 13 protection,” and would be re-assessed and taxed based upon market value.  Residential and agricultural properties would not lose “Prop. 13 protection.” Commercial properties [...]

Many Owner-Users To Pay Increased Property Taxes Under Prop. 15

Background on Prop. 15: On November 3, 2020, California voters will decide whether to adopt the “Split Roll” Initiative, Prop. 15.  If passed, many commercial and industrial properties would lose “Prop. 13 protection,” and would be re-assessed and taxed based upon market value.Properties can be reassessed as early as the July 1, 2022 – June [...]

California’s Controversial “Split Roll” Initiative (Prop. 15): The Basics

The “Split Roll” Initiative recently qualified for the November 2020 ballot, and is numbered Proposition 15.  If passed, many commercial and industrial property owners would lose their “Prop. 13 protection,” and their properties would then be assessed at market value. This article is the first in a multi-part series discussing Prop. 15.  In this first [...]

BREAKING: SB 939 Fails To Advance

On May 13, 2020, a bill numbered SB 939 became a lighting-rod in California.  It proposed that certain Covid-impacted tenants could terminate their leases. Authored by Senator Wiener, SB 939 gained momentum when it passed the Judiciary Committee by a vote of 5-1 in favor of the bill.  It then moved to the Appropriations Committee [...]