All leases are leases for tax purposes. Unlike accounting where you can capitalise certain leases, there is no capitalising for leases under tax law.
If a capital lease is set up for accounting, there should be schedule 1 adjustments to adjust the treatment for tax purposes.
Is this an office, retail, or warehouse? Ask them for a breakdown of the cam and operating expenses so you can see what it’s all going to. When you get to the lease, you will want to have yearly audit rights so that you can take a look at what they’re spending, that money on when they reconcile at the end of the year.
Something very similar happened in Omaha/Council Bluffs area. A man was discovered in an closed grocery store behind the coolers in an 18 inch gap. He was found after they were decommissioning the store, but it was determined his dead body was there 7 years before they closed. Many locals have since said that the store always had a weird smell.
https://www.ketv.com/article/body-found-between-shelving-coolers-council-bluffs-supermarket-larry-ely-murillo-moncada/26028756#
Owners of commercial spaces in Windsor have, for many years, been happy to leave their properties empty. It's a holdover, I think, from the days when Windsor suffered so significantly in the economic downturn and the City gave commercial property owners a tax break if their properties were empty. Many of the owners now are out of town investors, which doesn't help.
Try reaching out to the BIA in the area(s) you're interested in. They can probably point you towards a real estate agent or even put you in touch with someone with space to lease who's actually motivated to lease it. You can find contact information and a BIA map here:
https://www.citywindsor.ca/business/Business-Improvement-Areas
Good luck! I hope you find something that works for you!
I put mine up for rent a year early and I already had one deal fall thru bc they didn’t have the cash to pay out the deposit early. My advice is be lenient on the deposit- allow it to be paid out in installments if someone signs super early. Now I can’t find anybody.
Lots easier in small cities and with small landlords. My landlord didn't even run a credit or income check 8 years ago when we leased our current space.
Removed for breach of Rule 1: Stay on-topic
Comments must:
- be based in NZ law
- be relevant to the question being asked
- be appropriately detailed
- not just repeat advice already given in other comments
- avoid speculation and moral judgement
- cite sources where appropriate
Find alternate location(s) and get a sense on the relocation costs to those locations (the net costs factoring actual expenses, lost revenue and any potential discounts from the new landlord). With that information you can determine your break even/how much of an increase makes sense to move. With that information you can consult a lawyer to review the new lease and renegotiate (they could also help you negotiate with a new landlord).
Maybe it's so it doesn't become the landlord responsibility?
If the landlord was to keep the air conditioning in and rented the new building out, as air conditioned, it would likely fall on the landlord to then maintain the air conditioning and replace it if it stops working.
I may be completely wrong, but that's the only reason I could think the landlord would make them rip the improvements out for. It could also be an all or nothing, since the landlords might have a hard time saying your ex-company must remove the air conditioning, but are fine to leave the nicer reception
NAL but given that the advertised price in most other cases has to include GST unless it specifically states otherwise, I’m going with no, you probably won’t be able to increase.
Second this! Especially if it is going to be a true bakery not just a treat shop like Kelly’s or Aroma pastry. Somewhere with high quality bread, bagels, etc would be a perfect fit.
try looking over near grandview market in wpb... lots of warehouses around there, or south dixie, maybe the more west you go there are better options since its pretty filled up a lot of commercial spaces near downtown
Usually you'd have a one way break clause but this is a sublet so they're protecting their own needs by allowing 2 months notice to allow them to take back the space when needed and in the meantime you're covering the shortfall in rent.
Possibly, but you (the tech company) need an attorney intimate with the facts here to advise you (the tech company). There may be a case for detrimental reliance, but it will depend on a lot of things. That it is a court appointed receiver will complicate things.
It would behoove the tech company greatly to consult with a lawyer asap; to write an unemotional, factual, concise, detailed summary and timeline of the conversations and negotiations and ordering of the equipment; and to bring those and all versions of the lease and LOI.
Don't do it. Commercial leases are entirely different to a residential lease, often including that the tenant is responsible for maintenance. It's not worth the hassle plus what if someone reports you for living in a property zoned commercial not residential. You can't live there plus you're stuck with the commercial lease period you signed up for.
Smart investing requires a Buyer to consider other factors:
Age and condition of the building.
Age of the HVAC and all mechanical systems.
Age of the roof.
What is the zoning and how difficult is it to change if needed (for new Tenant).
Condition of the parking lot.
Tenant lease terms (% base rent increase, term length, options, etc).
How likely will the Tenant remain? How difficult is the space to back fill?
What amount of vacancy are you comfortable with.
"but if you immediately switch will they know?"
After the fact if ever there is a claim, your 'then current' insurance will review the history on the vehicle- What will you do when they deny your claim?
(kinda like when a teenager crashes dad's car, and wasn't on the policy)
Side angle: next time one of the ground floor / accessible units is for lease, make it a package deal. The office + storage space upstairs. It's a stretch.
OP, this is all great advice, but be careful on the options exercise. If you choose to exercise an option, you need to do it in a manner where everyone is on board. What you don't want to do is exercise an option, have your sale fall through, and now instead of being stuck with 8 months of rent, you are stuck with years of rent.