Category: Services

Tenant Estoppel Certificates

Are you a tenant? A landlord thinking about selling? Or an investor looking to buy a leased property? If you have answered “yes” to any of these questions, it is important that you understand what a tenant estoppel certificate is and the benefits and protections it offers.

What is a tenant estoppel certificate?

A tenant estoppel certificate is a legally binding document signed by a tenant verifying the current status and terms of a lease and specifying any modifications to the original agreement, defaults by the landlord, or other issues relating to the lease. Typically, an estoppel certificate is requested by the landlord as part of the due diligence process before closing on the sale of a property. This statement of facts regarding the lease and the premises estops either party from making a claim that contradicts those facts post transaction.

Tenant Estoppel Certificates Include

If you lease, own, or want to purchase a tenant-occupied property, it’s important to understand how a Tenant Estoppel Certificate can protect you.

Most commercial real estate lease agreements include a provision requiring a tenant to complete an estoppel certificate within a specified amount of time after receiving the Landlord’s request. However, only a landlord wishing to sell or refinance the property would request the estoppel. If a lease does not have a provision requiring a tenant to complete an estoppel certificate, it is in the best interest of the tenant to carefully review and complete the estoppel certificate to verify all pertinent lease information.

Why sign a tenant estoppel certificate?

From the tenant’s perspective, an estoppel certificate informs and certifies to the purchaser of the property (i.e., the new landlord under the lease) and, in the event of financing, the lender of any existing issues they will need to address after closing. For lenders and purchasers, the estoppel certificate verifies information presented by the landlord regarding the tenant, the premises, and certain material terms of the lease, which helps prevent any costly surprises after closing.

As a full-service commercial real estate firm, Kelley Commercial Partners provides landlord and tenant representation. And no matter which side we represent, we are committed to successfully guiding you through the process from the beginning through closing. For all your commercial real estate needs, let us be your partner to success.

Kelley Kolettis Designs opens at The Shoppes at Rodney Parham

Kelley Kolettis Designs

Over the last 13 years Kelley Kolettis has progressed from art student, to experienced designer, to successful entrepreneur with her very own design firm, Kelley Kolettis Designs. The Shoppes at Rodney Parham became KKD’s newest home base in February 2022. “We were so pleased to work with such a talented member of the business community and help her find the perfect space for her firm,” said Cheryl White, senior property manager.

Kelley has a wide range of experience working in several different areas of the design world from furniture design, kitchen and bath renovations, commercial office layouts, and event planning, but her current focus and specialization is now on residential design and small commercial projects. Her busiest months are November and December when she is busy decorating homes and businesses around central Arkansas for the holidays.

Shoppes at Rodney Parham

Kelley Kolletis Designs, 10020 N. Rodney Parham, Suite 6, Little Rock. Illustration by Ellen Yahl

Kelley is available by appointment to meet with you at the studio located in Suite 6 of the Shoppes where her unique and sophisticated style are on full display. If you can’t get to her studio, Kelly offers virtual consultations as well. She is eager to share what she’s learned over her many years of experience and is always willing to answer questions or recommend one of her trusted tradesmen to help you get the job done. Her design studio also features a gallery of works by local artists’ if you’re looking for some color to add to your walls.

“We know that Kelley has many years of success in her future, and we wish her all the best on her journey,” said Brooke Miller, agent and partner.

If you’re looking for space for your business to call home, browse our properties or contact one of our trusted agents at 501.375.3200.

Commercial Real Estate Leases: The Basics

Leases: The Basics

 

Whether you are a property owner with leasable land or space or an individual looking for space to lease, it’s important to know the basics of the types of leases that are most common in the commercial real estate world.

Gross Lease

In a gross lease (also known as a full-service lease) the tenant pays a flat monthly rate while the landlord remains responsible for all operating costs of the property including taxes, insurance, and maintenance, as well as other expected costs, such as janitorial service. Because landlords must cover all of the property’s operating costs, the rental rate for gross leases is generally higher than for a net lease. In exchange for paying a higher rate, the tenant has the security of a fixed monthly rent payment, minimizing the possibility for variations in their operating costs, making budgeting more predictable and less complicated.

Net Leases

Net leases shift some or all the operating costs associated with a property to the tenants, and tenants are responsible for that cost in addition to their regular rent. There are three types of net leases: single, double, and triple. Tenants with a single net lease are responsible for one of the operating costs associated with the property, generally the property taxes. With a double net (net-net) lease, the tenant assumes the cost of two of the operating costs, generally the property taxes and insurance. With a triple net (NNN) lease, the tenant assumes all of the property’s operating costs, which include taxes, insurance, and all maintenance costs. Lastly, there is a variation of the triple net lease called absolute net lease (also known as a bondable lease). This type of lease relieves the property owner/investor from all financial obligations and risks associated with the property, including taxes, insurance, structural maintenance, and debt liability. All those obligations are passed on to the tenant normally in exchange for a lower base rent.

Benefits of Net Leases

From the landlord’s perspective, entering into a net lease can simplify the management and operation of the property, which can be especially beneficial if they own multiple properties. Furthermore, net lease rates are typically made for longer terms, which gives the landlord the benefit of long and stable income from the property.

Because net lease tenants assume more of the unpredictable costs associated with maintaining the property, their base rent is often at a reduced market rate. This can mean considerable savings in rent over the long term of the lease. While annual rent increases may be built into the lease agreement, they usually remain below the rate one would pay with a gross lease.

Ground Lease

Yet another variation of a net lease is a ground lease. An owner with undeveloped land may enter into a ground lease in which the lessee agrees to incur the cost of developing the property (i.e., construct a building or business on the land) and in exchange, pays only a NNN lease on the land. Ground lease terms are long, generally 50 to 99 years, but when the lease term ends, the ownership of the both the building and the land revert to the owner.

Negotiating a Lease

Before entering into a lease agreement as “lessor” or “lessee”, know your options so that you can benefit the most from the deal. Agents at Kelley Commercial Partners have the knowledge and experience to walk you through the process and negotiate with your best interests in mind.

Franks Dermatology adds SKN at Franks Dermatology

 

Rachel Sims Hayden Franks

Rachel Sims, RN and Hayden Franks, MD partner to add SKN at Franks Dermatology

Franks Dermatology opened in Suite 320 of the Simmons Plaza Building at 4220 N. Rodney Parham Rd. in 2017. Dr. Hayden Franks and his wife, Lynne renovated the 2,064 s.f. suite and created a beautiful space for his patients from the moment they enter the reception area and into each examination room. They thought of every detail with the patients’ care and comfort foremost in their design. After practicing for more than 20 years, Franks has built a reputation for providing exceptional care. His staff shares the same commitment to the patients. Franks specializes in medical dermatology, surgical dermatology, and skin cancer.

In March, Franks partnered with Rachel Sims Miller to open SKN at Franks Dermatology located in Suite 102 of Simmons Plaza. This 1,977 s.f. space was also renovated to create a welcoming and relaxing space for clients. SKN offers high-end skin care and a wide range of aesthetic products. Miller is a registered nurse and an aesthetic nurse injector with more than seven years of experience. Her training and continuing education keep her informed of the latest, safest, and most effective products and procedures available. She has also developed her own skin care line, Miller Marsh Cosmetics. Like Franks, Miller is passionate about her work and dedicated to providing superior care to each client.

Senior property manager, Cheryl White, says Franks and Miller have been a pleasure to have as tenants. “I wish them great success with their newest endeavor. SKN is a wonderful addition the to the building and community,” said White.

Kelley Commercial Partners leases and manages properties to suit a variety of medical practices. If you would like more information about what we have available, please call 501.375.3200.

Landlord representation strategically positions property in the market

Landlord representation is just one aspect of the full range of brokerage services provided by our agents at Kelley Commercial Partners. Landlords, property owners, and investors in the know utilize our services to gain a better understanding of the market and, armed with the expertise and knowledge our agents provide, optimize the return on their investments. “We help property owners make informed decisions by strategically positioning their property in the market to achieve the best results,” said Daryl Peeples, president and partner at KCP.

Daryl Peeples, President, Principal Broker, Partner

“We help property owners make informed decisions by strategically positioning their property in the market to achieve the best results,” said Daryl Peeples, president and partner at KCP.

The first step in our process is evaluating your property and understanding your unique goals. After a tour of the property, agents will perform a thorough market analysis, make recommendations for any improvements or repairs, discuss competitive lease rates, current occupancy rates, and identify all possible tenants. This knowledge builds the foundation of our next step: an effective marketing plan.

Marketing your property through Kelley Commercial Partners includes high-quality photography, prominent signage, a property brochure, and exposure on our website and the nation’s leading commercial real estate search engines including Costar and Crexi. For retail property owners, we have a direct connection to a large network of retail partners across the country through our exclusive membership in ChainLinks Retail Advisors. Additional digital marketing includes regularly scheduled email campaigns sent to targeted lists of prospects as well as social media posts to our growing number of followers. Throughout the marketing process, agents keep you informed with open lines of communication and they are available at any time to address questions or concerns.

With a marketing plan in place, the real work for you and your property begins. Agents begin prospecting the most viable leads, conduct showings, screen prospects, negotiate rates, draft lease agreements, and perform all due diligence involved in the leasing process.

Even for the experienced landlord, leasing a property can be a time-consuming process and finding the ideal tenant can be a challenge. With our agents on your side, you can rest assured that we are committed to our fiduciary responsibility to you and we will work to serve your best interests.