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Commercial Leases Rental Property

Carlton Fields

SB 1103: What California Landlords and Tenants Need to Know

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Senate Bill 1103, which took effect on January 1, 2025, amends sections 827, 1632, 1946.1, and 1950.9 of the California Civil Code. This legislation grants new lease protections to “qualified commercial tenants.”...more

Ballard Spahr LLP

Landlord’s Acceptance of Rent After Notice to Terminate Expires Dooms California Unlawful Detainer Claim

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After serving a 30-day notice to terminate a commercial lease and filing an unlawful detainer case, a landlord continued to bill a tenant for rent and common area maintenance (CAM) fees, and unconditionally accepted rent...more

Lowndes

Governor DeSantis Aims to Eliminate Florida Commercial Rent Sales Tax by 2027

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As part of the proposed $115.6 billion state budget for fiscal year 2025-26, Governor DeSantis has outlined a plan to eliminate Florida's longstanding commercial rent sales tax. This proposal continues Florida's tax reduction...more

DarrowEverett LLP

Lease Guarantees: What Landlords Should Know When Negotiating

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While landlords prefer tenants with the strongest financial positions to sign leases, they may sometimes accept a “shell” entity — created solely to operate the business at the leased premises — provided that an upper-tier...more

Miller Starr Regalia

Commercial Property Owners And Sb 1103: New Consumer-Type Protections For “Qualified Commercial Tenants” In Non-Residential...

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On September 30, 2024, Governor Newsom signed into law Senate Bill 1103, an unprecedented legislative measure affecting non-residential landlords’ transactions with a broadly defined class of “qualified commercial tenants.”...more

BCLP

Briefcase 2024 Quarter 4: Key Real Estate Cases and Updates

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Case 1: AP Wireless II (UK) Ltd v On Tower UK Ltd - In a landmark judgment, the Upper Tribunal considers the lease/licence distinction, clarifying exclusive possession, term certain and contractual interpretation in the...more

Weintraub Tobin

Commercial Property Owners, Brokers and Property Managers Beware: California’s Commercial Tenant Protection Act Goes Into Effect...

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California law has long treated commercial and residential tenancies differently. Consumer protection-focused regulations enacted to protect residential tenants were legally considered inapplicable to business tenants which...more

Troutman Pepper Locke

Delaying Rent Payment by Assisted Living and Skilled Nursing Facilities in Chapter 11

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The lifeblood of any debtor operating in Chapter 11 is access to cash to maintain ongoing operations. This is particularly important in cases involving assisted living and skilled nursing facilities given the health, safety,...more

Epstein Becker & Green

Importance of Negotiating the Letter of Intent for Health Care Leases

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In our ongoing series of blog posts, we have examined key negotiating points for tenants in triple net health care leases....more

Benesch

California Senate Bill 1103

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California Senate Bill 1103 ("SB 1103") takes effect January 1, 2025 and will impact leases, amendments, and other lease modifications with respect to commercial property in California. In an effort to provide additional...more

Epstein Becker & Green

Importance of Negotiating Default Provisions in Health Care Leases

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In our ongoing series of blog posts, we have examined key negotiating points for tenants in triple net health care leases....more

DLA Piper

US Bankruptcy Court rules on lease classification for skilled nursing and long-term care facilities

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The US Bankruptcy Court for the Western District of Pennsylvania issued a memorandum opinion on November 15, 2024, holding that a real property lease for a skilled nursing, long-term care, and rehabilitation facility should...more

Stoel Rives LLP

Negotiating Insurance Provisions for Commercial Landlords

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When commercial landlords negotiate leases with prospective tenants, they understandably focus on key commercial terms, such as rental rate and renewal options. While that focus is justified, landlords should never overlook...more

BCLP

The High Street is Feeling the Love… Or Is It?

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It’s “Love your High Street Week”! So, what better way to start the week than to consider two significant legal reforms announced by the government last week, that are intended to boost and revitalise the High Street...more

Holland & Knight LLP

Retail Reboot: Common Mistakes to Avoid When Evicting Tenants

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When managing commercial real estate, landlords must navigate a complex array of legal, financial and operational challenges to protect their investments and ensure smooth tenant relationships. However, a series of common...more

Epstein Becker & Green

Importance of Negotiating Exclusivity, Expansion and Relocation Provisions in Health Care Leases

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In our ongoing series of blog posts, we have examined key negotiating points for tenants in triple net health care leases....more

Stoel Rives LLP

California Expands Residential Tenant Protections to Certain Small Commercial Tenants

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On September 30, 2024, Governor Newsom approved California Senate Bill No. 1103, which extends certain rights previously reserved for residential tenants to “qualified commercial tenants,” which includes any tenant that is...more

K&L Gates LLP

Commercial Leases—First Semester 2024 Case Laws Digest

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Commercial lease law is constantly evolving, with court rulings providing particularly interesting insights into the negotiation and management of commercial leases. Our selection of some of the High Court’s major decisions...more

Brownstein Hyatt Farber Schreck

New Tenant Protections for Small Businesses and Nonprofits in California

Beginning Jan. 1, 2025, California commercial property owners will have to contend with new (and expanded) tenant protections for any small business or nonprofit that is a “qualified commercial tenant” under SB 1103. More...more

McDermott Will & Emery

Langfristige Gewerberaummietverträge – ein Labyrinth aus Formvorschriften

McDermott Will & Emery on

Was unterscheidet gesetzliche und gewillkürte Schriftform, elektronische Form, Textform und telekommunikative Übermittlung? Das gesetzliche Schriftformerfordernis für langfristige Gewerberaummietverträge wird von vielen...more

Nossaman LLP

Developing Areas of Leasing and Environmental Social Governance

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The field of real estate law and commercial leasing is established and well-tested. For this reason, most landlords and tenants that enter into negotiations with their legal team and real estate brokers are very familiar with...more

Bennett Jones LLP

Update: Draft Legislation on Landlord Tax Liabilities Provides Relief for Residential Tenants

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Since the publication of our blog, Tenants Beware: The Risks of Landlord Tax Liabilities, draft legislation released by the Department of Finance on August 12, 2024, has proposed a change to the Income Tax Act (Canada) (the...more

Bennett Jones LLP

Key Changes to Property Control Rules: What Landlords and Tenants Need to Know Before October 7, 2024

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The Competition Bureau’s public consultation process in connection with new rules related to property controls on certain exclusivity and restrictive use provisions ends on October 7, 2024, and landlords and tenants alike...more

Levenfeld Pearlstein, LLC

Speculative Suites Are On the Rise: 5 Lease Provisions Landlords Should Consider

In today’s office leasing market and with recent construction challenges, landlords are seeing a competitive market advantage in developing and offering speculative suites to attract tenants. In recent years, many companies...more

Arnall Golden Gregory LLP

How Detailed Site Plans and Letters of Intent Can Streamline Your Lease Negotiations

As leases get more complicated and less standardized, and with properties rarely conforming from one to another, there are two documents that can hasten the successful negotiation process and achieve a document that can best...more

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