News & Analysis as of

Contract Drafting Commercial Tenants Commercial Leases

Pullman & Comley, LLC

Important Lease Concepts Restaurateurs Should Know

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As all restaurateurs know, a good location is an essential ingredient in any recipe for long-term success. But controlling costs is also a key factor. Renting your location—rather than actually purchasing real estate...more

Epstein Becker & Green

Importance of Negotiating Maintenance, Repair and Replacement Obligations in Health Care Leases

In our ongoing series of blog posts, we have been examining several key negotiating points for tenants in triple net health care leases. We also have offered suggestions for certain lease provisions that will protect tenants...more

Otten Johnson Robinson Neff + Ragonetti PC

A Guide to Retrofitting Leases for Retrofitted Buildings

As discussed in a previous Otten Johnson Alert, many Denver and Colorado property owners are subject to a slate of new benchmarking and energy performance requirements. Property owners will be implementing energy reduction...more

Epstein Becker & Green

Importance of Negotiating Operating Expense Provisions in Health Care Leases

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In our ongoing series of blog posts, we will look at several key negotiating points for tenants in triple net health care leases. We will also offer suggestions for certain lease provisions that will protect tenants from...more

Lowndes

Silence is Golden in Lease Renewal Provisions

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We previously wrote that commercial lease renewal provisions are void and unenforceable if they rely upon “market rent” with no mechanism to determine the market rent, but what happens when the renewal provision is completely...more

Lowndes

“Grossing-Up” Operating Expenses in Commercial Leases

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In triple net office leases, tenants are required to reimburse landlords for a portion of the building’s overall operating expenses. These expenses cover the costs of operating and maintaining a commercial property. Operating...more

Cadwalader, Wickersham & Taft LLP

‘You Can’t Always Get What You Want’ – Exercising an Option

On March 21, 2022, the Court of Special Appeals of Maryland (the “Court”) decided in Peterbilt of Baltimore LLC v. Capitol Gateway Properties, LLC that provisions of an option to purchase (the “Option”) pursuant to the...more

Lowndes

If It Walks Like a Lease, Talks Like a Lease: Leases vs. Licenses

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There is a common misperception among landlords that licenses are more appropriate for smaller space even though the occupant is being granted exclusive use for a set period of time. As a result, you will often see documents...more

Lowndes

Exclusive Use Clauses in Shopping Center Leases

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Exclusive use clauses are not uncommon in shopping center leases. Tenants often request these clauses to prevent the landlord from renting space to other tenants who are competitors. Ideally, a shopping center includes a...more

Lowndes

Five Quick Bullets for a Tighter Lease

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Here are five quick tips for tightening a commercial real estate lease and avoiding potential pitfalls down the road....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

Williams Mullen

[Webinar] CLE Institute - What’s Keeping You Up at Night? Business Risks of COVID-19 - November 5th, 11:00 am - 12:30 pm ET

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Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move...more

Whitman Legal Solutions, LLC

Adding a Coronavirus Force Majeure Provision to Your Contract

Anatomy of a Force Majeure Clause Force majeure provisions excuse a party from performing under a contract if certain “force majeure” events happen. Force majeure clauses are standard in some real estate industry...more

Obermayer Rebmann Maxwell & Hippel LLP

Don’t Overlook the Importance Of HVAC Language In Your Commercial Lease

Why are HVAC provisions important in a commercial lease? The repair, maintenance and replacement of an HVAC system can be very costly. It is not uncommon for a dispute to arise regarding a problematic HVAC after a...more

Troutman Pepper

Strategies for Landlords on Handling Government Tenant Holdovers

Troutman Pepper on

Experienced landlords are familiar with the risks associated with a holdover tenant that does not leave the premises at the end of the lease. A holdover can prevent a new tenant from moving into the premises as scheduled and...more

Williams Mullen

[Event] Negotiate This: What Tenants Should Focus on in Lease Negotiations - November 7th, Virginia Beach, VA

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A five-part seminar series that will provide Hampton Roads businesses with ideas on how they can be more profitable and reduce risk in 2020. This presentation will highlight the key provisions that tenants should negotiate...more

Shutts & Bowen LLP

Landlord Loses Additional Rent Dispute Based on Lease Language

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Another new commercial lease case, another instance of drafting being the deciding factor.  We’ve looked at cases where drafting affected guaranties, exculpatory clauses, remedies, and how to calculate renewal rent.  To be...more

Obermayer Rebmann Maxwell & Hippel LLP

Confession of Judgment in Commercial Leases in Pennsylvania

Pennsylvania is one of the few states that permit a commercial landlord to obtain an almost immediate judgment against a defaulting tenant without requiring the landlord to go through the process of providing the tenant with...more

Hogan Lovells

PropTech Decoded – Ten Top Tips for Taking Flexible Working Space

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With a boom in co-working across the world, getting the best deal on the space you occupy and understanding the small print is top ticket for flexible leasing. Before signing on the dotted line, ask yourself these key...more

Miles & Stockbridge P.C.

Continuous Operations Clauses: Can Landlords Force Tenants to Remain in Business?

Amid the uncertainty plaguing brick and mortar retail establishments, some commercial landlords may find themselves with an extra tool in their arsenals to temporarily stave off tenant vacancies: continuous operations...more

Williams Mullen

How to Negotiate a Lease to Protect Your Business: Top 10 Tips for Retail Tenants

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Below is a key list of 10 tips that retail tenants should consider when negotiating their commercial lease agreements. Hire a Broker - Other than consulting an attorney, hiring a knowledgeable commercial real estate...more

Buchalter

Office Leasing and Airline Reservations

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I have been doing a lot of flying recently. So I thought I would address a question I usually get asked: “Why are office leases so long, even for a short-term lease?” Companies usually equate a long lease with high legal...more

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