You've defined what you're looking for, you've surveyed the market, you've toured some options. Now it's time to negotiate.
Upon touring, you've had some time to view and compare the different spaces. To that extent, I would rank the different options and list out what the pro's and con's are for each of the options.
Cut all but 3.
If you are looking at more than 3, chances are that options #4, #5, and #6 you're just stringing along and you've already ruled them out in your head. Don't waste energy negotiating options you KNOW you won't be going to.
No that you have your top-3 options, send a "Request for Proposal" to the Landlord.
Chances are you don't know what a RFP word document looks like. If you need me to do this for you or you need an example document, shoot me a message on my Contact Tom page. Assuming you're proceeding forward, just send the following email to the leasing agents of your top-3 buildings.
Header:
"RFP/Proposals | Dominion Plaza, Plano, TX"
Body:
"Dave,
Thank you for showcasing Dominion Plaza last Tuesday. After discussing with the Team, we'd like to request a Proposal from ownership to lease Suite 325.
Please let me know if you have any questions/comments, and I look forward to receiving an LOI from you.
Best,
-TL"
The landlord will send you a Proposal with a series of business points that are typically negotiated. They WILL omit certain language to later insert into the Lease Documentation in the hopes that you do not bring it up and accept without question. Don't fall for that.
Regardless of the proposal terms, ensure that the following business points are included (in this order if possible):
- Tenant
- Use
- Building
- Landlord
- Premises
- Lease commencement Date
- Lease Term
- Beneficial Occupancy
- Base Rent
- Abated Rent
- Operating Expenses
- Test Fit Allownace
- Tenant Improvement Allowance
- Right of First Refusal
- Termination Right
- Renewal Option
- Sublet & Assigment
- Holdover
- Surrender of Premises
- No Relocation
- Sighnage
- Compliance
- Parking
- Security Deposit
- Confidentiality
- Brokerage (likely not applicable if you are negotiating directly)
I won't dive into each of these negotiation points, as each warrant an entire blog post. But effectively, these are the BIG points I would include in every lease negotiation.
The Landlord will provide you with a Proposal, you will add the missing business points and counter that Proposal, the landlord will counter, and so on and so forth.
Note: I would include a Side-by-Side analysis to ensure that on every counter, you are comparing your options evenly. SBS Analysis would also constitute of a full blog post... but reach out to me if you need help on this.
Overall the process should be as follows:
1. You send your RFPs
2. You receive all Proposals
3. You compare all proposals side-by-side
4. You counter all proposals
5. You wait on Landlord respones
6. You compare all proposals side-by-side
7. etc. etc. etc.
BUILDOUT:
If the spaces you are looking at need work, cosmetic or change in layout, then you'll want to ensure that is part of Business Point 13. "Tenant Improvement Allowance" and you'll either want the space to be in "Turnkey Condition based on a mutually agreeable space plan between landlord and tenant" or you'll want to make sure you have enough of a TI Allowance to cover the buidout costs. Reach out to me in the "Contact Tom" page if you need help here, as this is a full blog post by itself.
You do this until you have a clear, #1 option that you are happy to move forward with. When you have found that #1 contender,then you know it's time to request a lease.