Whenever I am asked to prepare or review a lease involving a client of mine in the retail industry, one overlooked clause usually involves signage. Clients usually pain over the sections involving term, base rent and the definitions revolving around operating expenses and taxes but without an adequate signage clause, the interests of a landlord may butt heads with the marketing efforts of a tenant in an effort to get noticed.
Several years back, I was involved in a case where I was protecting a major landlord who had a tenant who decided to unilaterally name themselves something quite colourful while putting such name on the façade of my client’s building!
The important lesson learned here is that a tenant must ask for the consent of a landlord before placing anything on the building of the latter as it may have a direct impact on the value of his building i.e. investment.