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Today is the first installment of Dave’s Producer Corner dealing with Commercial Property Vacancy issues.
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Vacant Commercial Buildings (DPC: Edition 1; Article 1)
Issue–Vacant buildings under a commercial property policy can be problematic for both landlord and tenant. Some buildings that don’t look “vacant” to a layperson, might be vacant under the standard commercial property policy.
Discussion--From the landlord’s perspective, a building is vacant unless at least 31 percent of the total floor space is rented to a lessee or sub-lessee and used by the lessee or sub-lessee to conduct its customary operations; and/or used by the building owner to conduct customary operations.
For the tenant, such building is vacant when it does not contain enough business personal property to conduct customary operations.
Example 1--Consider a new retail shopping complex with 30 separate spaces available for tenants. It may take many months, or perhaps years, for all 30 spaces to be leased by a tenant. If at least 31 percent is not leased AND used by the tenant, the building is vacant even though several tenants are using their space. How many landlords would consider their building to be vacant when they had tenants in there?
Example 2–From the tenant perspective, assume the space was occupied by a pizza restaurant under a five-year lease. They outgrew the space and relocated to a location with more floor space, taking most of their cooking equipment with them to the new location but had a year left on the lease. Without cooking equipment, a pizza restaurant can’t conduct “customary operations” and the space would likely be considered to be vacant.
Recommendation–The “vacancy permit” endorsement is available to solve this coverage issue and should always be offered and explained to commercial tenants and landlords.
The Takeaway—Independent agencies and producers need to develop methodologies, including surveys, questionnaires, reminders and/or visiting properties, to make certain issues regarding vacancies are as clear and unambiguous as possible. And, as always, take notes and maintain written documentation of such conversations.
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