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Commercial Tenants

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

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

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

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

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

Farella Braun + Martel LLP

REFRESH Nonprofit Tenants and Lease Agreements Best Practices and Pitfalls to Avoid

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland and episode 112 of EO Radio Show is a "refresh" of episode 54, "Nonprofit Tenants and Lease Agreements: Best Practices and Pitfalls to Avoid." In...more

Farrell Fritz, P.C.

Affiliated Entities, Conflicting Duties, and the Business Judgment Rule

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I am increasingly encountering businesses that straddle across several different entities, especially LLCs. The popularity of LLCs, their relatively low cost of organization, and business owners’ apparent desire to...more

Patton Sullivan Brodehl LLP

Commercial Lease Co-Tenancy Clauses: California Supreme Court Weighs In

The California Supreme Court weighed in on the validity of commercial lease co-tenancy provisions with its recent opinion in JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC. A commercial lease co-tenancy clause conditions a...more

Holland & Knight LLP

New Changes to California Commercial Leasing Requirements in 2025

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Recent legislative changes impose new requirements for owners of California commercial properties, at least with respect to certain specified types of tenants. Effective Jan. 1, 2025, the Commercial Tenant Protection Act,...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

Lowenstein Sandler LLP

Lease Term Sheets: Why Investing in a Thorough Review Now Will Prevent Losses Later

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On this episode of “Terra Firma: Conversations on Commercial Real Estate,” Stacey C. Tyler and Stephen Tanico continue their term sheet series, this time focusing on lease deals and the value of attorney review prior to...more

Lowenstein Sandler LLP

The Ins-and-Outs of PACE Financing

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Today on “Terra Firma: Conversations on Commercial Real Estate,” Stacey Tyler invites PACE Loan Group COO Bali Kumar to discuss a specialized loan product known as Property Assessed Clean Energy, or PACE financing, a program...more

Ballard Spahr LLP

Two New Laws Affect California Commercial Landlords

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Two new laws go into effect on January 1, 2025, which will impact how commercial landlords manage their properties, as well as the timeline for unlawful detainer (eviction) cases....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

Stark & Stark

Big Lots Bankruptcy Update: Pivoting from Reorganization to GOB Liquidation

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On September 9, 2024, Big Lots, Inc. filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court in Delaware. At the time, Big Lots had entered into an asset purchase agreement with an affiliate of...more

Arnall Golden Gregory LLP

2024 Retail Wrap-Up: Musings on AI and More

At the end of each year, many of us ponder whether our current resolutions were achieved and what our resolutions should be for the year to come. Of course, resolutions should be achievable and not simply aspirational. With...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

Holland & Knight LLP

Litigating Commercial Lease Terminations, Part 1 of 2: Landlord's Perspective

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Commercial leases are a critical source of income and financial stability for property owners, but the current evolving economic environment presents many risks. One of the primary concerns is when a tenant falls behind on...more

Holland & Knight LLP

Litigating Commercial Lease Terminations, Part 2 of 2: Tenant's Perspective

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Falling behind on rent or otherwise defaulting on lease obligations can lead to serious consequences for commercial tenants, including the landlord instituting legal proceedings for eviction and monetary damages. However,...more

Allen Matkins

What California Landlords Need to Know about Senate Bill 1103

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Senate Bill 1103 (also known as the Commercial Tenant Protection Act) (SB 1103) introduces substantive changes affecting commercial leasing practices in California. Signed into law by Governor Newsom on September 30, 2024,...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

Holland & Knight LLP

Understanding the Landlord's Lien

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In the world of commercial leases, a landlord's lien can be a critical tool that provides an additional layer of security for the landlord against tenant defaults. But what exactly does this mean for the landlord, the tenant...more

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