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Commercial Property Owners Rent

BCLP

Business Rates: Decisions About Material Changes of Circumstances “in the Locality”

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The Valuation Tribunal recently considered the impact of the Rushden Lakes Shopping Centre in Northamptonshire on rental and hence rateable values in neighbouring towns. The opening of the Centre had adversely impacted...more

Goulston & Storrs PC

Part II: Landlord Unable to Evict Despite Tenant Defaults

Goulston & Storrs PC on

Varano v. PDJM Land Tr., LLC, 103 Mass. App. Ct. 1127 (2024) - We last wrote about Varano v. PDJM in our November 2022 issue of Law of the Land. In the first iteration of Varano, the Superior Court held that a commercial...more

Lowndes

New Law Further Reduces Florida’s Sales Tax Rate on Commercial Rent

Lowndes on

Effective June 1, 2024, the State of Florida’s sales tax rate on commercial real property lease payments (including base rent and additional rent) will be reduced from 4.5% to 2.0% for payments received for occupancy periods...more

Stoel Rives -  Ahead of Schedule

New Limitations on Commercial Leases Within the City of Seattle

On December 12, 2023, Seattle’s former City Council passed Ordinance 126982 in an effort to increase commercial rent affordability for small businesses. The Ordinance, returned unsigned by the Mayor, became law on January 29,...more

Levenfeld Pearlstein, LLC

Commercial Real Estate Disputes in Subchapter V Chapter 11 Cases: Landlord and Tenant Rights in Bankruptcy Proceedings

The treatment of commercial lease liabilities in chapter 11 cases is a frequent point of contention in commercial bankruptcy proceedings. Landlords and tenants often clash over when (and how much) rent is due when filing for...more

Nutter McClennen & Fish LLP

FAQs for Commercial Landlords When a Tenant Files Chapter 11

When a tenant under an unexpired lease of nonresidential real property files a case under chapter 11 of the Bankruptcy Code, both tenant and landlord acquire rights and obligations that may contravene the terms of the lease...more

ArentFox Schiff

Multifamily – A Real Financing Opportunity?

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Prior to 2022, multifamily operators acquired properties throughout the United States at record low interest rates, creating a unique buying opportunity for owners and investors....more

Goodwin

Commercial Leasing in Massachusetts: SJC Confirms Enforceability of Accelerated Rent as Liquidated Damages

Goodwin on

On September 25, 2023, the Massachusetts Supreme Judicial Court issued an important decision that affects commercial landlords’ ability to accelerate rent as liquidated damages after a Lessee’s default in Cummings Properties,...more

Akerman LLP

Considerations for Office Landlords and Tenants in a Post-Pandemic Climate

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It's not news that the office buildings in most big cities have been under stress as a result of the pandemic. Due to increases in remote work, when leases roll, many tenants are either not renewing or they are taking less...more

Arnall Golden Gregory LLP

To Terminate or Not to Terminate: Alternative Lease Remedies and When to Use Them

Most commercial real estate leases afford the landlord multiple remedies to address a tenant’s default. Frequently, such remedies are cumulative, as the landlord may pursue concurrent options. However, two of the most common...more

Goodwin

New Decision on Lease Rejection Damages

Goodwin on

This alert highlights a recent decision by Judge Michael E. Wiles in the Bankruptcy Court for the Southern District of New York (“SDNY”), which held that lease rejection damages should be calculated using the “time approach”...more

Hogan Lovells

Vorwurf des OLG Düsseldorf an Mieter: das hättet Ihr doch wissen müssen!

Hogan Lovells on

Das Oberlandesgericht Düsseldorf hat in einem Hinweisbeschluss bereits im vergangenen September entschieden, dass Mieter während der COVID-19-Pandemie nicht davon ausgehen dürfen, dass nach Abschluss eines pandemiebedingten...more

Miller Starr Regalia

Strict Compliance With Statutory Conditions: Another Challenge For California Landlords In The Eviction Process

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The long moratorium on most evictions due to the COVID-19 pandemic, as well as the de facto shutdown of the court system for civil matters, caused most California landlords to defer unlawful detainer and related...more

Goodwin

Top 10 Questions For Landlords to Ask When a Tenant Files for Bankruptcy

Goodwin on

As uncertain economic times continue, particularly in the retail sector, commercial tenant bankruptcies are on the rise. Goodwin’s Financial Restructuring group presents 10 questions (and related practice points) for...more

Partridge Snow & Hahn LLP

Massachusetts Appeals Court Strikes Down Commercial Landlord's Right to Collect Accelerated Rent Upon a Tenant Default

In the December 5, 2022 opinion (Cummings Properties, LLC v. Darryl C. Hines, No. 21-P-1153), the Massachusetts Appeals Court considered whether a commercial landlord can collect accelerated rent upon a tenant default,...more

Holland & Knight LLP

Accelerated Rent Clauses in Massachusetts Commercial Leases

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Massachusetts' highest court, in its 2007 opinion in Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490, 494 (2007), shocked commercial leasing lawyers by announcing that accelerated rent clauses (i.e.,...more

Goodwin

Commercial Leasing in Massachusetts: Commercial Landlord Cannot Collect Accelerated Rent as Liquidated Damages and Rent From New...

Goodwin on

On December 5, the Massachusetts Appeals Court issued an important decision impacting commercial landlords’ ability to accelerate rent as liquidated damages after a Lessee’s default in Cummings Properties, LLC vs. Darryl C....more

Katten Muchin Rosenman LLP

Commercial Landlords v. Tenants: Let Battle Recommence

Key Points - - An arbitration scheme for commercial landlords and tenants was introduced during March 2022 under the Commercial Rent (Coronavirus) Act 2022 with the aim of resolving disputes over outstanding rent arrears...more

Miller Starr Regalia

Co-Tenancy Provisions In Retail Leases: Liquidated Damages Or Alternative Performance?

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Two cases from different appellate districts in California have come to differ­ent conclusions about the enforceability of co-tenancy provisions. The Fifth District Court of Appeal in Grand Prospect Partners, L.P. v. Ross...more

BCLP

Rating case note - the socio-economic value of museums

BCLP on

Question - I am the FD of a public sector body. We run a museum which does not charge for admission and operates at a deficit, however its contribution to local culture and ability to attract visitors to the area make it...more

Whitman Legal Solutions, LLC

Interest Rate Increases, Inflation, and the Real Estate Cycle

Real estate finance isn’t complicated. Investors frequently use an income analysis to calculate the purchase price. First, investors decide what percentage return they want on their investment (ROI)....more

Whitman Legal Solutions, LLC

Changes to Tax on Carried Interests Would Lead to Conflicts of Interest

Politicians are touting a new tax proposal they claim would "close the carried interest loophole." The tax proposal wouldn't eliminate carried interests as implied—it would only extend the holding period from three to five...more

BCLP

Leasing - liability for rent during the pandemic

BCLP on

Roger Cohen of Bryan Cave Leighton Paisner asks: is the tenant of commercial premises in England liable to pay rent whilst the premises were closed for the pandemic? Or has the tenant a defence to such a claim, thereby...more

BCLP

Like buses...nothing for months then three Covid arrears arbitration awards all at once

BCLP on

Falcon Chambers Arbitration has recently published three awards under the Commercial Rent (Coronavirus) Act 2022, that provide welcome guidance on the interpretation and application of the 2022 Act....more

Miller Canfield

How Michigan's New Assignment of Rents Act Affects Commercial Tenants

Miller Canfield on

The Michigan Uniform Assignment of Rents Act (MUARA) will take effect on September 22, 2022, and has important implications for a tenant's rights. If a tenant's landlord defaults on its loan, to whom must the tenant pay rent,...more

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