Office lease negotiations are complex, and tenants who lack strong representation are often at a serious disadvantage—they don’t know what they don’t know. One key area where this shows up is the tenant improvement allowance (TIA).
TenantSee Weekly: AirOffice
For many companies, office space is among a variety of resources they make available to employees to help facilitate work. Other primary resources include technology. In fact, today, technology arguably contributes more to how work is done than the physical office. The diminished role of the office in facilitating work has resulted in changes in how companies look to use office space. One manifestation of this change is in flexible offices, or coworking spaces. This product segment, having grown considerably over the past decade, is tangible proof of shifting consumer sentiment.
TenantSee Weekly: What Will We Do?
TenantSee Weekly: Buy Services, Not Fear
Fear sells. But that doesn’t mean you should buy it. So called “tenant only” firms sell the idea that they, alone, offer tenants conflict-free advisory. To be clear, the potential for conflict does exist in commercial real estate advisory (more on that later). Yes, as a consumer of such services, it’s important to be aware of how conflict can manifest. However, the conflict narrative being peddled by the tenant only firms is more myth than reality. It’s a clever sleight of hand, designed to distract the consumer from realizing the big gaps in knowledge that limit the tenant only firm’s ability to properly advise, while simultaneously suggesting great risk in hiring a full-service competitor.
TenantSee Weekly: Leverage
TenantSee Weekly: No Free Lunch
The office product offering is shifting to provide an array of hospitality-inspired experiences that, in some cases, rival those of a 5-Star hotel. San Francisco landlords have lagged other markets in providing such high-end amenities because in the 2 decades prior to the pandemic, the supply/demand dynamic favored landlords, making it easier to lease space (e.g., they didn’t have to). For the past several years, however, San Francisco landlords have begun to spend millions on targeted amenities. The typical playbook calls for some combination of health/fitness, conferencing and events, club/lounge/bar spaces, and specialty spaces, like golf simulator rooms and podcasting studios.
TenantSee Weekly: Do Cities Still Matter?
I grew up in a small town but I always dreamed about big cities. I sensed they were special places where, given the right amount of drive, the right mindset, one simply could not fail. Sure, there would be ups and downs, but cities provided access to a robust network of opportunity. This was in stark contrast to the small New England towns of my childhood, many of which never fully recovered from the demise of the textile mills in the early 1900s.
TenantSee Weekly: Middle Manager on the Shelf
Our young children, now 8 and 9, have formed a special bond with Lucy and Jack, two elves assigned by Santa to watch over them. For the past several years, Lucy and Jack have demonstrated extraordinary commitment to our family. They’ve traveled during the holidays, magically appearing at our vacation destinations. They’ve even stayed on after Christmas, despite being needed at the North Pole. Just the other day, I found one of our children covering them in cinnamon (apparently this helps them get their magic back after being touched by humans). To be sure, their presence has sharpened our children’s focus, causing them to think twice about being naughty, providing a welcome assist on the parental front.
TenantSee Weekly: In a Vaccum
Office leases are complicated undertakings comprised of many variables. The markets offer a variety of solutions, ranging from coworking to subleases to long and short-term direct leases. It’s always important for corporate leaders to understand the primary objectives they seek to achieve in leasing office space. But even when these objectives are well defined, it can be tricky to assess which solution is best.
TenantSee Weekly: Taxis and the Offices
Technology replaces that which it improves.
Not long ago, the streets of San Francisco were full of taxis. Simply by raising your arm, you could hail a taxi in minutes. Then, Uber and Lyft created their apps. Their intention was always to disrupt an industry that hadn’t changed in decades. Initially, many taxi drivers transitioned to become Uber and Lyft drivers, likely anticipating the technology would shift, not replace their work. But that’s not how this is turning out. Autonomous vehicles will replace human-driven, human transport solutions in major cities where taxi drivers once thrived.
TenantSee Weekly: Disbributed (but only a little)
Surveys indicate most workers favor a distributed workplace in which they can work from anywhere, any time. When it comes to work, individuals focus (mostly) on their own specific benefits, as opposed to thinking about how the ways in which their work gets done affects the broader organization. This makes sense, as one of the key benefits of our economic system is how it permits the individual to get ahead, to maximize its value. Employees realize value in a variety of ways, including compensation and other variables. Flexibility in where and when people work is high on the list of non-compensation related variables.
TenantSee Weekly: Sell Your Occupancy by Leveraging Options
TenantSee Weekly: Encumbrances
An encumbrance is a burden or impediment. Office leases often contain rights which are exclusive to a specific tenant and which place constraints on the landlord’s ability to lease space to other, 3rd party tenants. These rights are referred to as encumbrances. When tenants consider leasing space in a building, one of the first things they should qualify is the extent to which the landlord’s ability to lease the subject space is subject to any encumbrances. If so, the specific terms of these encumbrances must be understood before proceeding.
TenantSee Weekly: I Was Told We'd Be Discussing the Office...
AI has summarized capitalism for me as follows:
“…an economic system where private individuals and corporations own and control the means of production, such as property, businesses, and industries. In capitalism, the core principles are profit motive, private property, and market competition. The government's role is limited to taxation and standard regulatory laws, and individuals are given the freedom to operate their businesses and manage their income as they choose.”
TenantSee Weekly: Connecting Your Advisor’s Fee to Value Creation
In cities like San Francisco, tenant broker fees have increased significantly since the pandemic. These fees are typically fronted by the landlord and recouped over the term of the lease through the rent paid by the tenant. You may be wondering why landlords would offer more fee when rental economics are on the decline. It’s because landlords think of the fee as an incentive to brokers to bring deals to their building. As soon as one landlord increases the fee, others marketing comparable buildings follow suit because they want to ensure their building gets equal consideration (and they think brokers select which buildings to show the client based on fee – they (mostly) don’t). When the markets are tight, as they were in the decade preceding the pandemic, landlords hold fees flat. They don’t need to pay more to attract demand – the simple fact they have available supply is sufficient.
TenantSee Weekly: It's What's Inside That Counts
If you’re like me, growing up your mother told you no less than twice a day “…it’s what’s inside that counts” or “…don’t judge a book by its cover”. I’m grateful for that advice, as it helps me be more mindful of bias, more open minded. Did you know the same is true for office buildings? That it’s not just about how the building looks, or where it’s located. The nuanced details of the ownership, debt, and occupancy also matter…a lot.
TenantSee Weekly: Knowing Your When
We see a lot of confusion in the market around when to begin negotiations. It’s not an insignificant consideration. In fact, when you begin can make a huge difference in the outcome. It’s understandable that tenants would not know when to start. Brokers are not always keen to start at the right time, since compensation is derived by transacting and the closer the tenant is to lease expiration, the faster it will need to transact (and the fewer options it will have). Good for the broker, bad for the tenant. This creates a misalignment of interests that discourages thoughtful consultation on the front end – the more time a broker spends on a project, the lower the compensation.
TenantSee Weekly: Sweet Spot
How do you know when you’ve fully accessed market leverage in negotiating a lease extension? It’s when you find the sweet spot, a place in which the economics of the potential relocation lease match the lowest value the existing landlord is willing to offer. This is not a simple exercise of identifying the asking rents for alternative sites and asking the landlord to match. No, instead, it’s a byproduct of a carefully orchestrated negotiation that involves 2 main elements:
TenantSee Weekly: Bottom?
Have we hit bottom in the pricing of San Francisco office assets? Maybe.
The historical measures by which office buildings were valued, a function of capitalized net operating income, doesn’t apply to assets having large vacancy and limited weighted average lease term (“WALT”). These assets are trading at a simple cost/sf metric. Investors take a long-term view of the investment, betting the value for San Francisco office will, ultimately, recover. They may or may not use debt to finance the acquisition – where there is limited occupancy, they may not be able to secure debt.
TenantSee Weekly: Modern Workplace Planning: Solving for Experience Part VI: Negotiating the Lease
Leases vary by building, by market, and by market circumstances. In most major metros, when dealing with larger buildings, the lease document is sophisticated and complex, addressing a broad range of variables that will have a material impact on the occupier’s experience at the building, as well as its cost of occupancy. If you’ve done a good job negotiating the letter of intent, you should begin the lease negotiation phase from a position of relative strength. However, even when the letter of intent is fully maximized, there’s still a lot to negotiate in the lease.