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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

Blake, Cassels & Graydon LLP

ESG Clauses in Commercial Leases

Organizations now consistently include environmental, social and governance (ESG) factors in their policies, and the real estate sector is no exception. For stakeholders in the real estate sector, ESG factors are increasingly...more

Rivkin Radler LLP

Landlord Considerations When Navigating Personal Guarantees in Bankruptcy

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When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee...more

Stoel Rives LLP

What Landlords Should Know When Restaurant Tenants Go Under

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As anyone who has watched FX’s The Bear knows, running a restaurant is hard work. When restaurants occupying leased commercial space fail, commercial landlords need a gameplan to protect their interests. Some key...more

Paul Hastings LLP

Reform Attempt to Soften the Written Form Requirement for Commercial Lease Agreements

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Lease agreements with a term of more than one year are currently subject to a written form requirement under the German Civil Code. For years, there have been ongoing discussions about a potential abolition of the written...more

Katten Muchin Rosenman LLP

Navigating Break Clauses in Commercial Leases: How to Avoid Breaking Bad

Exercising break clauses in commercial leases can often prove to be a legal minefield for any tenant (and, in some cases, a landlord) seeking to do so. Strict adherence to any conditions and notice requirements for the...more

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

Womble Bond Dickinson

Rocky Times for Office Landlords Require Careful Due Diligence by Tenants

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These are rocky times for many office landlords. Office valuations continue to decline, interest rates remain high and office vacancy rates are nowhere near their pre-pandemic levels. ...more

Bennett Jones LLP

Don’t Walk Away! Landlord Remedies on Lease Repudiation

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Markets change. Situations change. Plans change. And in the face of change, tenants are often faced with future lease obligations that no longer suit their business plans. They need (or at least want) to change the deal with...more

BCLP

The Right-sizing of Commercial Leases in Hong Kong SAR and Mainland China

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In Hong Kong SAR and in Mainland China, we have observed an increase in the relative bargaining power of office tenants to negotiate their leases. A variety of factors, including a stronger supply of new office buildings and...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

Cranfill Sumner LLP

Three Key Tenant Risk Provisions in Commercial Lease Agreements

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Commercial Leases and Risk The lease agreement is one of the most commonly utilized contracts in commercial transactions. Even in today’s mobile and technology-driven commercial landscape, a huge number of businesses and...more

Sands Anderson PC

Navigating the Labyrinth: Unraveling the Differences Between Commercial and Residential Leases in Virginia

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As the new year approaches, entrepreneurs across Virginia are gearing up to take their ventures to the next level and turn plans into reality. For many, the first crucial step in this journey involves securing a commercial...more

BCLP

Longer Leases, Lower Ground Rents and Leasehold Liberation: Residential Reforms in the King’s Speech Explained

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The King’s speech announced a new Leasehold and Freehold Reform Bill ‘to reform the housing market by making it cheaper and easier for leaseholders to purchase their freehold and tackling the exploitation of millions of...more

Miller Canfield

Whose Risk? Impossibility and Frustration of Purpose in Michigan Leases

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Following the COVID‑19 pandemic, many parties and jurisdictions grappled with how shutdown orders affected their private contract rights. Our commentary from March 2020 is still a good starting point for evaluating these...more

BCLP

Briefcase Quarterly Real Estate Disputes Update - September 2023

BCLP on

Vodafone Ltd V Potting Shed Bar & Gardens Ltd (Formerly Gencomp (No. 7) Ltd) & Ap Wireless Ii (Uk) Ltd - A freeholder granted a lease to Vodafone allowing it to erect telecoms apparatus on the tower of its building. A few...more

Goodwin

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

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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

Holland & Knight LLP

Types of Guarantees in Commercial Leases

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Many commercial landlords require that a guarantor secure the obligations and liabilities of a tenant as a prerequisite for entering into a lease. A lease guaranty is a contract between an individual or entity (guarantor)...more

Katten Muchin Rosenman LLP

Gotta Have [good] Faith

This advisory discusses the recent case law developments on the express duty of "good faith" in English law and what they may mean within the context of commercial real estate....more

Smith Anderson

Winning the Race to Record: Protecting Rights in Real Estate

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The North Carolina Court of Appeals this week addressed an important issue involving leases, options to renew, and the North Carolina recordation statutes known as the “Connor Act.” The decision affects anyone who buys or...more

Weintraub Tobin

Spring Cleaning for Commercial Leases

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Spring is here! We finally have warmer weather, longer days, and the prospect of weekend plans not getting ruined by rain. If you’re anything like me, you were ready for the turn of the season after a very wet winter. What I...more

Hogan Lovells

UK MEES: Reviewing a greener future

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Camilla Lamont and Paul Tonkin consider the potential effects of the MEES Regulations on commercial lease rent reviews. ESG considerations are increasingly dominating the conversation between commercial landlords and their...more

Hogan Lovells

Green lease clauses in the UK: a litigious environment

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Green lease clauses are now fairly commonplace, with most leases including some sort of ‘green’ obligation. For example, many leases already include ‘green’ covenants relating to the manner in which alterations are carried...more

Sands Anderson PC

From Condos Made of Stone-a, to Professional Office Condominiums

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If you’re my vintage, you might remember Steve Martin’s catchy 1978 hit tune, “King Tut,” whose protagonist “lived in a condo made of stone-a.” Good luck getting this out of your head....more

Williams Mullen

Estop, Subordinate and Listen: Understanding the Role of SNDAs and Tenant Estoppel Certificates in Commercial Real Estate...

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For those of us that practice in the world of commercial real estate financing transactions, the fact pattern is a tale as old as time: the Bank is making a term loan secured by real estate largely based on leases on the...more

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