News & Analysis as of

Commercial Leases

Mayer Brown

Ask Not for Whom the Bell (Didn’t) Toll: Landlord’s Possession Claim Under Redevelopment Ground (F) Did Not Chime With the County...

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INTRODUCTION - A county court case - Spirit Pub Company v Pridewell Properties - has provided an interesting illustration as to how courts are looking at applications under the Landlord & Tenant Act 1954 (the “Act”).   It...more

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: Five Key AIA Provisions to Align with Lease Agreements

This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents with the broader contractual...more

Holland & Knight LLP

Avoiding Pitfalls Around New Calif. Commercial Lease Law

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Litigation attorney Anne Beehler and real estate attorney Andrew Starrels co-authored a Law360 article examining the Commercial Tenant Protection Act (S.B. 1103) in California that grants new rights to qualified commercial...more

Bilzin Sumberg

Key Considerations for Solar Panel Rooftop Leases

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Solar panel rooftop leases have become increasingly popular among real estate owners in Florida, and beyond, as an additional revenue generator for commercial properties, in large part because owners often perceive them as...more

Holland & Knight LLP

Commercial Leases: Right to Jury Trial Waived or Not Waived? That Was the Question

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If a commercial lease guaranty contains a jury trial waiver but the lease does not, is the jury trial waived for all parties (i.e., tenant and guarantor) or just the guarantor? In a recent case, Pierre's Caribbean Cuisine LLC...more

Hogan Lovells

UK/US ESG Real Estate Update

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In our latest ESG update, Trevor Adler from our New York office considers green leasing in the U.S. and Paul Stones provides us with a snapshot of how rooftop solar arrays are being dealt with in the landlord and tenant...more

Allen Matkins

What is the outlook for the office sector right now?

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“The 'flight to quality' continues. Office building landlords with space available in upscale buildings (with state-of-the-art amenities) located in hot submarkets are very active right now. Most companies have realized...more

Moore & Van Allen PLLC

Commercial Real Estate FAQs for European Companies Considering a U.S. Presence

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Many European companies have established operations in the United States for the first time in recent years. Because North Carolina offers an abundance of natural benefits, including excellent infrastructure and a skilled...more

Maynard Nexsen

Alabama Supreme Court Update: Decisions from April 11, 2025

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The Alabama Supreme Court issued its weekly release list on Friday, April 11. The opinions of interest to the Alabama business community include the following...more

DarrowEverett LLP

Commercial Tenant Improvements: Key Considerations for Lease Negotiations

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A significant inducement in many new leases and lease renewals is landlord funding and/or constructing improvements that customize the leased premises to the needs of the tenant’s business. The allocation of cost for these...more

Epstein Becker & Green

Green Commercial Leases

Green leases are emerging as a key component of commercial leasing, as both landlords and tenants in different industries place an increasing emphasis on sustainability and environmental impact....more

Stark & Stark

Tenant Abandonment of Property at Leased Premises in New Jersey

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What Rights and Remedies Does a Landlord Have Against the Tenant or Secured Creditors? Although not ideal, most every landlord has experienced a commercial tenants to sometimes ceasing business operations and handing over...more

Holland & Knight LLP

Leasehold Title Insurance: Is It Worth the Investment?

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When it comes to real estate, almost every purchaser acquires an owner's title insurance policy. But what about tenants? Not every tenant opts for a leasehold title insurance policy, and deciding whether to pursue one...more

Hogan Lovells

Restructuring Plans: how to plan for an exit

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An earlier version of this article appeared in Estates Gazette. Over the last 18 months we have seen a number of retailer restructuring plans, which have rewritten landlords’ leases and imposed sweeping rent cuts, whilst...more

Stark & Stark

5 Issues for Landlords During a Bankruptcy Lease Rejection

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When a commercial tenant files for bankruptcy, they have the option to assume or reject unexpired leases. A bankruptcy lease rejection is a significant action, as it communicates the debtor’s intent to hand back the space....more

Blake, Cassels & Graydon LLP

Une mine de bitcoins exploitée sur une concession de pétrole et de gaz fait l’objet d’une injonction permanente

Dans Roy Flowers v. Persist Oil and Gas Inc., la Cour du Banc du Roi de l’Alberta (la « Cour ») a prononcé une injonction permanente interdisant à la défenderesse d’exploiter une entreprise de minage de bitcoins parce que le...more

Bennett Jones LLP

Specific Performance: Not Extraordinary in Commercial Leasing

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In light of recent caselaw, and despite popular belief, it may be time to reframe specific performance as a perfectly ordinary remedy rather than an extraordinary one. The decision of Justice Rees in The Decorators Choice...more

Jones Day

Second Circuit: Bankruptcy Code's Lease Assumption and Assignment Provisions Apply Only to "True Leases"

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The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume and assign executory contracts and unexpired leases is an invaluable tool for generating value for a bankruptcy estate to pay creditor...more

Jones Day

New Jersey Bankruptcy Court: Motion Not Necessary to Assume Unexpired Lease

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The ability to assume, assume and assign, or reject executory contracts and unexpired leases is a power central to ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to maximize the value of the estate...more

Lowndes

Location, Location, Location… Site Selection Issues for Tenants

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We all know the old adage favored by real estate brokers… “location, location, location.” While more frequently used in the context of residential real estate, it is equally applicable in the commercial real estate market...more

Rivkin Radler LLP

March 2025 New York Insurance Coverage Law Update

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The owners of a warehouse leased it to a commercial tenant to operate a photography studio. The lease required the tenant to procure insurance for the owners and to indemnify them for the negligent acts of the tenant’s...more

Bennett Jones LLP

Is The Mining of Bitcoin Permitted Under Your Lease? Lessons from Flowers v Persist Oil and Gas Inc.

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In Flowers v Persist Oil and Gas Inc., 2025 ABKB 142, the Court of King's Bench of Alberta provides some important reminders to commercial landlords, tenants and their respective lenders regarding the growing intersection...more

Clark Hill PLC

Clark Hill 2025 Commercial Real Estate Outlook: Hybrid Work Models and Lease Restructuring

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Although the COVID-19 pandemic has ebbed from the daily lives of workers, its impact on hybrid work continues. While no consensus has emerged, the hybrid work model, which requires splitting the work week between going into...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

Bennett Jones LLP

A Landlord’s Response and Duty to Mitigate Following a Tenant’s Repudiation of Lease

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Lessons from Centurion Apartment Properties v Piquancy Enterprises - In November 2024, the British Columbia Court of Appeal (BCCA) released its decision in Centurion Apartment Properties (Scott Road 1) Inc v Piquancy...more

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