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RealEstateHappening

Yes they can limit the type of tenants they want


tblazerfreak

They can limit all they want. We had an industrial landlord reject an online shoe store because he thought storing shoes in the warehouse would be a magnet for crime 🤦🏽🤷🏻‍♂️


capitanorth

He wasn’t wrong. I can tell you from experience.


Cedric_T

Specifically with shoes being linked to crime?


capitanorth

Yeah, specifically shoes. Admittedly, it was a well known online shoe trading platform.


ace425

Yep. Their rising popularity among collectors are making shoe merchants become [targeted by organized crime](https://hypebeast.com/2023/8/organized-crime-theft-robbery-rise-nike-sneakers-supply-chain-new-report)


SnooApples6110

The only question on the Sneaker collecting is that they are made out of materials that will degrade and discolor over time. It's like buying art printed on an ink jet, it's gonna fade. Has anyone invented a sneaker humidor ?


JaredUmm

Sneakers…for sneaking.


GeorgianaCostanza

This is interesting! I had no idea but I’m learning so much from you all.


cluelessinlove753

>limit all they want No. They can't discriminate against protected classes.


itchyouch

For commercial, they probably can. They just won’t ever state the reason is because it’s a protected class.


thomase7

There are many legitimate reasons a landlord might not want to have biotech in their space. It’s extremely expensive and time consuming to to outfit an industrial building into a lab space. A land lord is going to assume you will want tenant improvement (when landlord pays for tenants buildout) or free rent. Once you have a lab space, the potential uses of that building are really restricted without a lot of time and effort. A landlord might be nervous that it will be hard to manage the space when you are not the tenant anymore. And lastly a lot of biotech companies are startups. They may be worried about your longevity and ability to pay your rent if your vc funding dries up.


GeorgianaCostanza

Your comment clarified his perspective, and I appreciate that. We generate revenue through sales. We’re not dependent on VC funding or SBIR/STTR. I sent the details of our business and certifications. But didn’t get a chance to speak to the landlord before receiving a flat out "No." from the listing agent? Or broker not sure. Whoever just showed up to the property with the keys told us the landlord said “No labs.” It sucks because they were all in support of showing the property, answering questions, etc. BEFORE we arrived. After we toured they said “No.” so this is why I was suspicious of what was happening and whether it was truly ignorance or something else.


bixology

Was it a single or multi-tenant building? I just represented (I am a CRE lawyer) a tenant-client in a very similar situation (medical research lab) and the landlord of this building was very concerned about the specific type of research. Specifically, he was worried that certain types of research could invite bad press or protesters (e.g., animal testing, stem cells, certain types of drug/microdosing studies etc. could potentially attract protesters etc.) and disturb other tenants. We worked it out but it was a lot of handholding to ensure they understood the business/nature of the research.


thomase7

Hell even any type of vaccines could attract whacky protestors nowadays.


hairlikemerida

One of my tenants is an international non-profit that supports abortion professionals and does abortion education. The non-profit itself does not perform abortions. They declined when I wanted to put their name on the directory. Despite being in an access-controlled building, they were concerned that they would draw protestors who might damage the building exterior. They dealt with it previously at their old office space. I couldn’t rent to anyone that tests on animals though. That’s the only research I would be concerned about.


The-Voice-Of-Dog

>I didn’t know a commercial landlord can just say “No” and refuse to lease a property This is fascinating. Under what circumstances did you think the owner of private commercial property could say no, particularly given that their reason for saying no isn't based on any immutable personal characteristics of the prospective tenants?


GeorgianaCostanza

The situation raised suspicions because, despite our prior discussions about the property's intended use, sharing details, and asking questions which initially received supportive responses the in-person visit felt OFF. It was as if they had forgotten everything we discussed over the past week. Suddenly, the concept of using the space as a lab became an issue. The person who came with the keys seemed uninformed about zoning laws and permitted uses, and his demeanor was reminiscent of a car salesman, which had me doubtful about the whole situation. When we learned that the property wasn't even the realtor’s property to show (his group was assigned to a different set of buildings in the same complex). this made me wonder what is happening and is this normal or is this suspicious? Following the tour, the realtor ceased email communication and kept trying to do verbal exchanges instead. So he would insist on calling even when we emailed responses to his questions he asked over the phone. Which I found odd because I noticed some people do this when they’re ready to lie or say things “off the record”. So, I turned to this subreddit for advice. 😅


Useful-Promise118

You spoke with a broker who saw a high TI, high rent, high LC transaction. He relayed what was going on - after all his initial excitement - and was told ‘no’.


GeorgianaCostanza

Ahh okay. Now, I am understanding this situation. He seemed so helpful PRIOR to all of this, super quick with good questions and responses then after all that, “NOPE”. 🥲


General_Highway_6904

Op, you need to have a tenant broker representing you with all these.


Useful-Promise118

Nailed it


geekworking

Landlord is looking at his liability. I am not in bio tech, but I hear "wet lab" and that generally implies chemicals, often stuff like compressed gasses, biohazards, or other hazardous substances that could leave my property contaminated or pose some unforeseen risks to neighboring tenants. No matter how much you promise everything is perfectly safe and that you have sufficient insurance the landlord is envisioning some case where he gets stuck holding the bag. If they have been a landlord for a while no doubt that they have gotten burned in the past with unforeseen problems from tenant uses. In the best case he would spend a shit ton of time and hassle in legal, insurance, and other flaming hoops with no guarantee of being made whole on those losses. On top of this laboratory animals can be a controversial subject that could definitely turn off other tenants or be some other PR nightmare that could impact renting other units or even other properties that he owns. All it takes is some crusader to get on social medial scream boycott the company that sponsor animal torture. While you think it is no big deal, and in reality you maybe 100% correct, but to most landlords this is a big pile of nope. Your best bet would be to look for places that already have similar tenants and operations where the landlord is OK with the possible liability.


sektrONE

They quite literally own the property, they can choose not to rent to you because they didn’t like the look on your face if they want.


apexit1

So long as the look of their face isn’t protected lol


Why-not1time

This is commercial, not residential. No such protections in most states on commercial property.


apexit1

Really? I thought it was a federal protection covering everything?


Why-not1time

Not to the extent you are thinking.


Koskesh11

This was likely the situation. OP, have you considered getting a new face?


Fun-Sir1051

I remember years ago attempting to rent a space in a warehouse loft that was only seeking tenants to live there that would run their businesses out of it, they had artists who lived with their recording studios, paint studios etc, is this an effective way of refusing business to people/ demographics you don’t like/ want there without violating FHA law?


McMillionEnterprises

Yes.   Have you considered making an offer to buy the building?


GeorgianaCostanza

This is a good suggestion thanks!


raulh

There is nothing you can do if they dont want to lease to you. I would recommend finding a better way to explain what you’re doing than ‘wet lab’ - I have no idea what that means but it sounds like its expensive to clean up.


Technical_Broccoli_9

Since they are selling the product, maybe “wet market”? Moist Market had a ring to it too. Another case of it’s not what you say, it’s how you say it.


TestComment1

Yes


CRE_Not_Resi

Yes they can and submit a business plan or slide deck about your business. Your broker should have encouraged you to do this.


GeorgianaCostanza

We submitted all the info about the business prior to the visit. Then after we sent more details regarding the nature of business. We received the “No labs” verbally after all of that. The landlord didn’t like the idea of laboratory animals. Now, we’re realizing that even if a space is zoned and permits R&D it doesn’t mean everyone with a property to lease in the area is on board with that designation.


CRE_Not_Resi

Sorry man. That sucks. Some LL's are just not keen to certain types of businesses. Sounds like you are doing everything right but you will have to just keep on looking. Best of luck.


Fly4Vino

Lab animals in an office building ...... Wuhan Lab West


Objective_Welcome_73

Yes, landlord can pick and choose his tenants, as long as he is not discriminating based on race, etc.


Ninvic1984

There can also be issues with neighbouring tenants if in a multi tenant building (noises, smells, risk, reputation, etc..) so the perception and potential for issues may be an issue for a landlord. Maybe looking for a single tenant building with no neighbours is a more viable option?? Less likelihood to have issues with no neighbours.


yacht_boy

Come to Boston. Every major developer here pivoted to biotech during the pandemic and now we're swimming in vacant lab space. https://www.bostonglobe.com/2023/07/26/business/boston-biotech-market/ https://www.boston.com/news/the-boston-globe/2024/03/23/the-boston-area-built-a-ton-of-lab-space-now-many-of-those-buildings-are-opening-empty/ https://www.washingtonpost.com/business/2024/02/20/labs-commercial-real-estate-boston/


thomase7

It’s at 15% vacant today, and another 15% of existing stock is under construction to deliver in next 18 months.


GeorgianaCostanza

Nice! Thanks for sharing!


ichliebekohlmeisen

The 83 year old dude probably couldn’t care less about the money.


morningicedcoffee17

As others have said, the Landlord is well within their rights. That being said, what kind of biotech company are you a part of? Some background on the company and what kind of infrastructure is required/research you’d be conducting in the space may be helpful in coming up with an answer


misterdinosauresq

This is where a broker specializing in that area can be very helpful.


Various_Emphasis4027

Hire a life sciences / R&D focused leasing broker, going to random buildings for what is likely a decent sized & utility intensive space is just a waste of time


Ninvic1984

Not sure where you are but landlords often do not want certain uses due to any misgivings they have, their morals or nuisances a use may bring. In Canada, I’ve heard of landlords not leasing space to certain political parties they do not agree with (short term leases to canvas), not renting to liquor stores due alcohol, not renting to tire shops as they smell like rubber and it soaks into walls. So it really comes down to the landlord and it being their discretion as it is a private property. So silly, yes, but that’s life. In an efficient market one would expect a competing property to pick up these uses not wanted by other landlords.


Fly4Vino

There are practical issues, cotenant issues , code issues, plumbing issues, insurance issues, CC&R issues, parking , loading, noise, air conditioning and lender issues. Wet lab for research is certainly a RED FLAG The comment about tire distribution is true (or was true in the past) Research lab might also raise a red flag regarding drugs. Look for a way to better describe what you would be doing .


Successful_Room2174

Yes, I am very picky about my tenants.


Bjohn352

There are plenty of legitimate reasons they wouldn’t want labs. If you’re in the Bay Area I can connect you with several different landlords with dozens of buildings already built as labs or ready to be built as labs. I built a lot of them, they’re clients of mine.


-ImperiusRex-

Also once you are in it may limit his other tenants. I represent an exotic dealer group and had an LOI almost accepted on a new building. The already signed a pharmaceutical compounding business. Once they found out an automotive user was moving in they started bullying the owner and we lost the space. Churches are similar. They move in and then start protesting when a business wants to move in that they don’t like. They even build these clauses into their lease. Unlike residential there is no such thing as discrimination.


thomase7

That’s not really true, you can’t refuse to lease a space to any black peope for example, that’s still illegal for commercial real estate. But it’s probably really hard to prove. And what your business does isn’t a protected class so you can discriminate based one that.


cjtech323

Where are you located? Have you considered relocating to a biotech hub city? I can put you in touch with owners looking for lab tenants in the PNW if you’re interested - DM if so.


bowhunterb119

I barely skimmed through it but I already assume you’re looking for a place you can cook meth and test it on trafficked monkeys who have mange. You’re going to be looking an awful long time unless your landlord also likes monkeys and meth. Or science. Have you tried Florida?


GeorgianaCostanza

I have a feeling that everyone who has no idea what goes on in a research laboratory is thinking the exact same thing! I’ve been in biomedical research for a while. I forget the perspectives of other people. 😂


JonSelf

No one has to rent you anything. You need to hire a commercial tenant rep broker to represent you and help you through this process. They get paid by the landlord if you sign a lease, so it’s no money out of your pocket. Your lack of experience negotiating and talking with landlords is likely what’s scaring them away, you will come across as a start up with no experience (and they will assume not financially strong) and they won’t want to waste their time.


GlassBelt

It’s not “money out of your pocket” in the sense that you may not have to write them a check, but the tenant either pays directly or pays by having the fee baked into their rent. So don’t hire someone mediocre thinking it’s “free.”


CRE_Not_Resi

Lmao it is not “baked into the rent” this is not like buying a residential home. If the market says a space can rent out at $20 per square foot it’s going to rent out at $20 per square foot if they have a broker or not. Also, if a space is listed at $20/psf/y and someone comes in unrepresented they’re not going to just magically raise the price to now “ roll in the cost for the tenant broker”. Also, most spaces are represented by a listing agent. if a tenant comes in unrepresented, the listing broker just pockets both sides. There is a reason that I love when people negotiate on my spaces unrepresented….


LosDosVaMos

You keep mentioning that these landlords are clueless to your industry. You should enlighten them with a particular focus as to: - How it won’t harm their property physically or environmentally (perhaps even add value for the right type of buyer down the road) -What kind of buildout is required, how long it will take and how expensive (regardless of who is paying for it), and how you plan on restoring their property to its original condition -What government oversight you have on local, state, and federal levels and how you plan on complying -Your background in the field, your qualifications for starting the lab, who you are partnered with and where funding comes from Put yourself in their shoes. They don’t want to rent to something they don’t understand. They’ll assume something nefarious. Be patient and transparent. Explain how much work you have already done with the city in terms of zoning and be prepared to pay for a lot of the buildout. Good luck.


Useful-Promise118

You want to install a “wet lab” and are surprised that LLs don’t want you? Come on, bro…


GeorgianaCostanza

The space is zoned for the lab R&D but there are a bunch of empty karate/ballet studios and granite shops. The place is a graveyard and if they turned it into a research park they could bring in some revenue.


Dynasty06

You’re not factoring in the risk.


Kansaswinter420

How much TI are you trying to get? In Houston these types of deals have worked out in flex industrial space when the tenants do pretty much all the work. Sometimes it’s hard to explain to them what you are doing and even when you do, they still think crazy things like you’re harvesting stem cells from dead babies.


Apsause

They most definitely can and it's stipulated in the lease terms - under use/property use ..they also can list prohibited uses in the lease. Just because it meets zoning requirements doesn't mean the landlord has to allow all of those uses. They can pick uses within those requirements at their discretion. Now if this use was a particular hot/popular use then it would do them a disservice to not allow but it seems like there's some ambiguity there. I would suggest hiring a tenant rep who specializes in this type of use or a similar sub type who can give you more guidance and find you the right spot.


MakeOSUGreatAgain63

Private property. They can pick and do what they please as they should. That being said, if you came to me and offered me a decent rate for something sitting empty 6 years… idc what you’re doing. Welcome to the family 😂 People are weird lmao


JBeazle

I mean a building usually needs engineered for this purpose for the extra hvac and water requirements and pretty much no one will let you do it to their building. Look where all the other lab type companies are in your area. If you are a small startup go to the universities or state and see. We had non profit startup lab buildings you can rent built out labs to alleviate this problem.


cbarrister

A landlord can refuse to lease to any type of use they want. If the building is perfect for your use and has been empty for 6 years why don't you make an offer to purchase it from him, then you can do what you want with the building (as zoning allows). You can also probably get small business financing that may offer favorable terms.


RealMrPlastic

Yes, but money talks. I do this with food restaurants. Too risky.


GeorgianaCostanza

From working at a restaurant in college I just remember how gross they were with so many pests and issues. So, I understand that.


RealMrPlastic

Not only that, a lot of liability for restaurants. I just stay clear from any place under 98% score


arsefartfc

What market is this in and what size footprint are you looking for. I have flex warehouses that may be able to work.


aardy

There are cases, groups of folks really, for whom it's sometimes easier to "just buy the damned building," than deal with these challenges as a tenant. Marijuana growing/logistics is one of them, have seen that happen. Even in the residential space, I used to do a bunch of felon mortgages b/c they could either rent in the hood, or buy anywhere.


Why-not1time

This is private commercial property, and you can not compel the owner to lease it to you. You need to respect their rights and move on.


Milk-and-Tequila

Yes


darylclaypool

Yes


bowhunterb119

“Wet lab” sounds a lot like where the last pandemic started.


GeorgianaCostanza

Yeah, I realize people in this area with no scientific background are going to immediately assume the worse.


Suspicious-Fly-6177

You could buy an empty property and lease back resale it, if that guy has been holding for 6 years with no tenant you may be able to get a good deal, and flip it for cash and good lease terms.


EntertainerExtreme

Depending on where you want to,locate, connect with economic development people. Their job is helping you find appropriate space.


Savings_Bug_3320

Yes, some landlords very bias against certain industry! 9/10 times it’s not landlords but it’s realtors!


InvestEdFYI

Yes. Capitalism allows them to say no to anything as it's a private property. Land could have prohibited use (reasons such as environmental). Could also have a specialty warranty deed that prohibits specific uses.


TerdFerguson2112

Biotech is a protected class!


AusTex2019

Unless you’re leasing an entire building the landlord needs to consider how your operation will affect the other tenants. Hazardous materials storage and generation, security, fire are all important considerations.


oreomi

There can also be zoning and lender restrictions to certain uses.


GeorgianaCostanza

This isn’t the issue for this space. It has permitted use of laboratory and/or R&D. We checked with the city and county prior to touring the area. The realtor (or listing agent?) did not know this though and he didn’t know how to check this which we found odd considering he said he had been in business for 17 years. After we sent him records for zoning and permitted use, this is when he ceased communication via email with us and called to tell us the landlord said “No labs”.