News & Analysis as of

Commercial Real Estate Market Landlords Commercial Leases

DLA Piper

“Greening” Your Leases: The Cornerstone of Climate Resilience and Readiness in Commercial Real Estate

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Many large companies have reported that they are not sufficiently prepared to meet emerging climate-risk reporting and verification requirements, or prepared to take advantage of climate-related opportunities, according to a...more

Kramer Levin Naftalis & Frankel LLP

Local Law 97 Building Compliance Brings a New Layer of Economic Implications to CRE Transactions and Lease Negotiations

While Local Law 97 passed nearly five years ago, it officially went into effect earlier this year. Part of the broader Climate Mobilization Act designed to significantly decrease New York City’s carbon emissions, Local Law 97...more

Hinckley Allen

Big Box Bankruptcies: Challenge and Opportunity

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The surge of big box store closures this year has left many storefronts empty across New England. With almost 3,200 chain closures nationwide since the start of the year, some landlords are seizing this opportunity to change...more

DarrowEverett LLP

What Florida Sales Tax Cut Means for Florida Commercial Tenants

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Broadly speaking, according to the Florida Department of Revenue, each Florida sale, amusement park admission, storage unit and rental is taxable (unless it falls under an exemption, such as nonprofits). More specifically,...more

Bennett Jones LLP

Restricted Zoning: The BCCA Confirms Powers to Enact Rental-Only Bylaws Under the Local Government Act

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Last year, in V.I.T. Estates Ltd. v New Westminster (City), 2023 BCCA 183, the British Columbia Court of Appeal (BCCA) dismissed a challenge to a municipal bylaw that restricted zoning to residential rentals. The court found...more

Stoel Rives -  Ahead of Schedule

Subleasing: A Real Estate Strategy in a Post-Pandemic Economy

In the ever-evolving landscape of business, flexibility is paramount. The recent widespread adoption of remote work has led companies across the country to shed office space. As companies navigate changes in market dynamics,...more

Miller Nash LLP

Thoughts on Leasing in a Troubled Commercial Real Estate Market

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The COVID-19 pandemic brought changes to all aspects of life, some of which will never revert. In the world of real estate, the most significant change stems from the race to remote work instigated by the pandemic. Many...more

Goodwin

Biometric Data Collection: A Significant Risk for the Real Estate Industry

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Biometric building access controls (i.e., “smart access” technologies) have become increasingly popular among residential and commercial property managers for the enhanced security benefits that these solutions provide. The...more

Bennett Jones LLP

What's Next in Office Financing in Canada?

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Bennett Jones was pleased to host an oversubscribed NAIOP panel discussion on current issues in office financing, and I am happy to share my key impressions from what was a compelling and thoughtful dialogue....more

K&L Gates LLP

Global Office Asset Trends: A Look at 2023 and Beyond

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Post-pandemic, with some level of remote work here to stay, the global real estate industry is tracking an unprecedented reassessment of the office asset class. To paraphrase Mark Twain, have the rumors of the “death of the...more

BCLP

Briefcase Quarterly Real Estate Case Update: Special Supreme Court Edition - March 2023

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BARTON V MORRIS: Supreme Court refuses to award commission for £6m residential property sale - Mr Barton had made two failed attempts to purchase a property in Northolt, costing him almost £1.2m in forfeited deposits....more

Burns & Levinson LLP

Is The Rent Acceleration Clause in Your Lease Enforceable?

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The default clause of most leases provides that upon the tenant’s material default, the landlord has the right to retake possession, relet the premises at the tenant’s expense and accelerate the tenant’s rent payment...more

Allen Matkins

If A Lease Is Not "Valid", Is It Void or Voidable?

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Justice Ignazio ("Nace") John Ruvolo once observed that the "Illegality of contracts constitutes a vast, confusing and rather mysterious area of the law."  McIntosh v. Mills, 121 Cal. App. 4th 333, 344 (2004).  One confusing...more

Allen Matkins

5 Trends in Office Space Utilization

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At the Allen Matkins 14th Annual View From the Top real estate summit, one of the panels discussed landlord and tenant space utilization trends and issues in the wake of the COVID-19 pandemic. The conversation, moderated by...more

Morrison & Foerster LLP

COVID-19 Commercial Property Arrears 18 Months On

As you may have read in our previous bulletins (UK Government Provides Extra Protection for Businesses with Ban on Evictions for Commercial Tenants Who Miss Rent Payments, COVID-19: Key Considerations for UK Commercial...more

Nossaman LLP

Podcast: Market Rent Adjustment Provisions in Long-Term Ground Leases

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In this episode of Digging Into Land Use Law, Nossaman Real Estate Group Co-Chair David Graeler and associate Maya Hamouie discuss myriad problems that may arise when a market rent adjustment provision in a long-term ground...more

Womble Bond Dickinson

What Should I Be Doing About My Leased Space?

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Within weeks after COVID-19 resulted in many corporate offices sending workers home to work remotely, many of whom had never done so on such a scale, people started talking about whether working from home was becoming a “new...more

Brownstein Hyatt Farber Schreck

Opportunities and Obstacles When Converting a Building from Hotel or Office Use to Multifamily

Among many challenges brought about by COVID-19, changing community needs have illuminated growing underutilization and vacancy among commercial buildings. With the recent drop in hotel occupancy and office tenants...more

Sands Anderson PC

Commercial Real Estate—Planning for the Office of the Future

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Last time, I wrote about the post-pandemic future of commercial real estate. With more and more folks getting vaccinated or otherwise immunized, it seems we’re finally in the ‘red zone’ (to use more football parlance). Even...more

Allen Matkins

PropTech Trends & Strategies For Landlords

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A recent roundtable discussion hosted by Allen Matkins explored trends in real property technology (PropTech) and strategies for landlords to strategically leverage such technologies. Moderated by Isaac Chao, a Senior...more

Holland & Knight LLP

Look for More Landlord Protections in Retail Deferral Agreements and Extensions

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In April and May of 2020, the unprecedented challenges resulting from the COVID-19 pandemic and the related mandatory closures and restrictions on operations began to be felt by retail tenants across the United States. As a...more

Mintz - Bankruptcy & Restructuring Viewpoints

Consolidated Appropriations Act of 2021 Amends Bankruptcy Code - Part 3: Congress Gives Suppliers and Landlords a Shiny New Arrow...

As discussed in previous posts, the Consolidated Appropriations Act of 2021 (the “Act”) was signed into law on December 27, 2020, largely to address the harsh economic impact of the COVID-19 pandemic. For bankruptcy...more

Allen Matkins

Consolidated Appropriations Act Provides Bankruptcy Preference Liability Protections for Landlords

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The Consolidated Appropriations Act of 2021 (Public Law 116-260) (the Act) contains an important change in bankruptcy law beneficial to landlords of nonresidential properties. Among several amendments to the Bankruptcy Code...more

Faegre Drinker Biddle & Reath LLP

COVID-19 Commercial Real Estate Update: Quarter Day Analysis and Room for Optimism

The September quarter day saw the steepest shortfall in retail rents paid since the pandemic. However, this was the only sector to see rent collection down on the previous quarter. Faegre Drinker’s Rajan Shori, Sloan Kelly...more

Maynard Nexsen

COVID-19 Checklist: Issues to Consider for Commercial Real Estate Purchase Contracts and Closings

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What we’ve learned so far in 2020 is to expect the unexpected. Prior to February of 2020, who would have predicted the impact of a pandemic in general, let alone COVID-19 in particular, when drafting commercial real estate...more

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