PARTNERSHIP COMMERCIAL BUILDING INVESTMENT W/ 1 PARTNER LEASING.

PARTNERSHIP COMMERCIAL BUILDING INVESTMENT W/ 1 PARTNER LEASING.

Member since 2022 · 1 post · 0 votes

I will be partnering with 2 others investing in a commercial building with 4 leasable spaces. This is primarily a passive investment but want to cover all my bases. One of the partners will be leasing a space for a reduced rate for his existing business. He has mentioned subleasing some of his space for extra income. Recently he has become more aggressive about the subleasing of his space while he continues to run his business simultaneously.  Myself and other partner want to put something in his lease limiting the sublease income he can take before his rent increases.

We are all new to this so any feedback and suggestions from similar situations or experienced investors would be much appreciated. We are coming down to the wire on this and need to get a contract together.

Thank You!

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Ronald RohdePro Member
Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
3y

Is this soliciting for a security or active JV? I'm not letting any partner lease below market rates. Post some numbers, but I wouldn't let one partner earn more on subleasing, period.

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  • Real Estate Agent · Plano, TX · Member since 2015 · 734 posts · 511 votes
    3y

    @Eric Mohr why does he need to take the extra space at all?

    If he needs 2000SF and he takes 4000SF just so he can sublease 2000SF out of it then it makes no sense. 

    Tell him to take just what he needs and then you can lease the rest to the public.

  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    3y

    Is this soliciting for a security or active JV? I'm not letting any partner lease below market rates. Post some numbers, but I wouldn't let one partner earn more on subleasing, period.

  • Contractor · Wilmington, NC · Member since 2022 · 37 posts · 30 votes
    3y

    I would definitely have him paying market rent and no subleasing. If he is below market how does that benefit you or the other partner? Him subleasing how does that benefit you and the other partner. Is this a Joint Venture or is he a GP and your LP's? If its a JV this makes zero sense. He is the only one benefiting on both these portions in the agreement.

    Best of luck.  And good learning experience for future deals.  

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