A critical investment tool which has been central to the rebuilding of our American economy – especially in diverse communities – is at serious risk as a provision in the $1.8 trillion American Families Plan is under consideration in Washington, DC.
The proposed cap on 1031 exchanges at $500,000 included in the plan is shortsighted and counterproductive. A cap on 1031 exchanges right now would severely restrict the ability and willingness to reinvest in commercial real estate and redevelop properties at a time in our nation’s economy when eager, courageous, and committed investors are needed more than ever.
IRC 1031 like-kind exchanges have allowed investors to defer taxes on the sale of a property if the proceeds are reinvested in a new property. 1031 exchanges have always been a cornerstone of a healthy and vibrant commercial real estate market. An academic study by Professors Ling and Petrova confirmed that investors who leveraged 1031 exchanges made appreciably greater capital investment into their properties than those without an exchange.
Strategic reinvestments to redevelop underperforming properties have generated immediate economic benefits – including jobs, labor income, property taxes and Federal taxes – far in excess of the Federal taxes deferred.
Without 1031 exchanges, many of my (Lippitt) clients would do nothing. Currently, investors large and small can defer taxes, add capital, and buy property that wouldn’t be possible without 1031. Some use it to upsize, others to downsize. Either way, the taxes are paid in full at upon sale.
Needed Capital for in Underserved Communities
More recently, the Black American community has increased its share of the commercial real estate investment market through the prudent use of 1031 like-kind exchanges, making a critical reinvestment in their communities while building personal wealth.
Even during the mask mandate and social distancing requirements, our team is coordinating showings and closings while taking every precaution to keep our clients and colleagues safe and healthy. Check out the video below that our founder & CEO took before touring a client at our Curtis Park Nonprofit Center listing to learn more about a few of the ways we are conducting business safely during this unexpected time.
If you have a commercial real estate need in Colorado, reach out to our team today for a personalized market survey or opinion of value!
The Nesbitt Commercial Group hosted a rooftop happy hour event for our business partners and colleagues on June 20th in downtown Denver. We hope everyone who was able to attend enjoyed themselves as much as our team did, and are looking forward to the next one!
Whether you are a landlord or a tenant, knowing the laws regarding the withholding of security deposits is crucial when you’re involved in a landlord and tenant dispute. As a landlord, you need to know the situations in which you can legally withhold a tenant’s deposit, and as a tenant, you need to know whether your rights are being violated.
Wrongful Withholding of Security Deposits Act
Colorado’s Wrongful Withholding of Security Deposits Act is in place to protect renters from having their security deposits withheld without good cause. Failure to comply with the standards set forth by this Act can result in severe consequences for the landlord, including being required to pay the tenant up to triple the amount of the original security deposit plus legal fees.
Under the Wrongful Withholding of Security Deposits Act, a landlord is required to return a tenant’s security deposit no later than one month after the termination of the lease. If the full deposit is not returned, the landlord must provide an itemized statement listing the deductions and any remaining balance of the deposit that is being returned. The time period may only be extended if extra time allotted for in a clause in the original lease agreement, and in no case can the period be longer than 60 days.
Reasons to Withhold a Security Deposit
The law is clear when it comes to the situations in which a landlord may keep all or a portion of a tenant’s security deposit.
Property damage not attributed to normal wear and tear
Abandonment of the rental property
Tenant’s unpaid utility, repair and cleaning bills
Tenants who have not received their security deposit and an itemized deduction statement within the appropriate time period should pursue legal action, as should any renter who has had a security deposit withheld for inappropriate reasons, such as to repair problems caused by normal wear and tear. If the landlord does not provide an itemized deduction statement, he may be required to forfeit any amount of the deposit that was withheld, even if it could have been rightfully withheld.
If a landlord withholds a security deposit in a manner that is not compliant with the Wrongful Withholding of Security Deposits Act, he may owe the tenant up to three times the amount wrongfully withheld. To begin the process, the tenant must provide notice to that landlord that be plans to pursue legal action. The notice must be provided no less than seven days prior to filing legal proceedings. The landlord then has one week to return the full amount of the security deposit to the tenant.
If the deposit is not returned in this time period, the landlord may be required by law to pay the tenant up to triple the amount wrongfully withheld as well as the tenant’s court costs and attorney’s fees. It is important to note, though, that the landlord may still seek to recover money from the tenant for damages through district or county court even after being ordered to return the security deposit for failure to comply with the Wrongful Withholding of Security Deposits Act.
Resolving Landlord/Tenant Disputes Over Security Deposits
Whether you are a landlord or a tenant, having the help of a legal professional is the best way to ensure the best possible outcome for disputes. For help resolving landlord/tenant disputes in Colorado, give The Law Offices of Eric L. Nesbitt, P.C. a call at 303-741-2354.
Early Termination, Kick-out, or Cancellation clause are all terms we hear quite often in commercial leasing but it is something that is still not fully understood by many. Simply put, a “Kick-out Clause”, also known as a “Cancellation Clause” is a reciprocal clause in a commercial lease in which a landlord can evict a tenant or a tenant may vacate the space, after a certain period of time has passed, if certain needs or threshold’s are not met.
A 3,000 square foot industrial tenant has a 5 year lease term, the “Kick-out” or “Cancellation Clause” states that if the tenant has occupied the space for three years, the tenant may break the lease should they have an urgent need for more space for storage of equipment that the landlord cannot accommodate within 6 months of written request by the tenant. In essence, the tenant is kicking out of the lease due to the landlord not being able to meet the threshold agreed upon during the lease negotiations.
Another example of a universal “Kick-out Clause” would be as follows. During lease negotiations, the landlord and tenant agreed that if a specific sales volume was not met, the landlord would have the authority to terminate the tenants lease and in turn the landlord could re-lease the space to a new tenant. The current tenant would then be able to walk away from the obligations of the lease as their business is not as successful as anticipated previously. Thus making the clause beneficial to both parties in the lease.
There are many ways a “Kick-out Clause” can be crafted in favor of the landlord, and the threshold for a landlord to take advantage of these clauses is very low. This is why it is extremely important to work with a seasoned leasing professional such as a member of The Nesbitt Group when drafting and negotiating your commercial leases. A skilled commercial real estate broker will be able to advise you of important provisions missing in a standard commercial lease that could save you thousands of dollars as well as unnecessary stress and possibly legal action. An air tight lease can be a landlords saving grace when it comes to protecting their investment. Contact a member of The Nesbitt Group today to discuss your leasing needs.
A broker will save you time- The client should not be the one to do the heavy lifting, i.e. searching for properties that may or may not meet their needs, contacting listing agents and negotiating rates. A good broker will present you with options, arrange tours once they are certain a property has what the client needs, and will negotiate on the clients behalf, saving countless hours of the clients time.
Working with a tenant rep. or buyer agent will save you money- In most cases, broker representation for a tenant or buyer is free. Traditionally a listing agent offers a commission to the broker representing the tenant or buyer, thus making the representation services free to the client. Some special cases would require a fee to be negotiated between the client and their representing broker but more often than not there is no charge to the client.
A broker has current market knowledge- Since a commercial broker is touring properties and negotiating on a daily basis, they have their finger on the pulse of the market. This will make them more skilled in negotiating your rate, as well as offering a quicker turn around time in identifying properties as they are aware of the available product.
A good broker will have industry contacts- Knowing other brokers will open the door to “pocket listings” or listings not yet on the market. This will possibly allow the client to be the first in line for a prime location or ideal property that isn’t even on the market yet, which is a huge advantage.
A broker subscribes to one or more commercial multiple listing services- A good commercial broker has access to one, or all of the available commercial multiple listing services in your market. Since not every available property is listed in every “MLS”, this will ensure that no stone is left unturned when seeking potential properties.
A broker will find you the best property to fit your needs- Working with clients in different industries provides insight and familiarity with different industries and their day to day needs. When you work with an industry professional, they will consider those day to day and long term needs from a property and present options that will meet those needs.
A broker will identify space efficiency- Some properties have common areas that consume large amounts of square footage and increase your rent dramatically. A good agent can guide you away from buildings that have huge common area charges or at least provide an apples to apples comparison.
A broker will negotiate the best rate- Working with a broker who has current industry knowledge of lease and purchase rates will ensure you secure the best possible pricing for your lease or purchase. An active broker is always on top of fluxuations in the market and will make sure you are getting the property for the right price.
A broker will allow you to remain neutral- Whether you are seeking to lease or buy a property, allowing a broker to negotiate on your behalf will allow you to remain a neutral party, only participating indirectly in negotiations.
A broker will make your search, and your life, easier all around- From saving time on searching and inquiring on properties, to negotiations, a broker is there to save you time, energy, and to assist you in making the right decision for you and your goals. Working with a broker will ensure your success.
There are many reasons why you should consider using a broker to represent you in a real estate transaction, time and savings being the main two points to consider. When selecting a broker make sure you choose someone with years of experience in the market you are interested in. Asking a colleague for a referral is also a great way to find an experienced professional. The Nesbitt Group specializes in buyer and tenant representation services and would be happy to answer any questions you may have when considering a move. Contact us today!