News & Analysis as of

Landlords Contract Terms Commercial Tenants

Holland & Knight LLP

Retail Reboot: Common Mistakes to Avoid When Evicting Tenants

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When managing commercial real estate, landlords must navigate a complex array of legal, financial and operational challenges to protect their investments and ensure smooth tenant relationships. However, a series of common...more

Epstein Becker & Green

Importance of Negotiating Exclusivity, Expansion and Relocation Provisions in 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

K&L Gates LLP

Commercial Leases—First Semester 2024 Case Laws Digest

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Commercial lease law is constantly evolving, with court rulings providing particularly interesting insights into the negotiation and management of commercial leases. Our selection of some of the High Court’s major decisions...more

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

Lowndes

Navigating the Pitfalls of Exclusive Use Clauses

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In the July/August 2024 issue of the American Bar Association’s Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise prepared an excellent article titled “Protecting Against Competition: Exclusive...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

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

Akerman LLP

Miami-Dade County Adopts Ordinance Enacting Disclosure Requirements for Sellers/Lessors of Properties Containing Grease Traps

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All sellers or lessors of properties containing Fats, Oils, and Grease (FOG) generators, as defined in section 24-5(113) of the Code of Miami-Dade County (Code), are now required to disclose, at the time of conveyance or...more

Miller Starr Regalia

A Contract Drafting Conundrum: Can A Real Property License Agreement Disclaim A Landlord-Tenant Relationship While Retaining The...

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A landowner desiring to enter into a license agreement for the use of real property must take care to ensure that the license agreement does not contain terms that inadvertently waive the landowner’s right to recover the...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

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

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

Mandelbaum Barrett PC

5 Lease Provisions that Commercial Tenants Are Not Paying Enough Attention To

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Use - The majority of commercial tenants will confirm that their landlord permits them to use the leased premises for their desired use. Fewer will consider whether the zoning ordinance for the municipality permits their...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

Kilpatrick

5 Key Takeaways - Corporate Leasing and Portfolio Management

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John Livingston, Kilpatrick’s Real Estate Investment and Development Team Chair, recently spoke at the firm’s inaugural “In-House Counsel Summit” in Durham, North Carolina. This full-day event featured multi-practice CLE...more

Patton Sullivan Brodehl LLP

Court Rejects Commercial Tenant’s Argument for Relief From Rent Due to “Temporary Frustration of Purpose” During Pandemic

Earlier this year, Money and Dirt covered a then recent case, West Pueblo Partners, LLC v. Stone Brewing Co., LLC, which was one of the first California cases dealing with the aftermath of the Covid-19 pandemic and the legal...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

Tonkon Torp LLP

Pinning Down the Lease Commencement Date

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If you’re venturing into the world of commercial real estate, whether as a tenant or a landlord, there’s a plethora of terms you’ll come across. Among these is the seemingly simple idea of the “Lease Commencement Date.” While...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

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

UB Greensfelder LLP

[Webinar] Environmental Due Diligence for Prospective Tenants and Landlords - August 8th, 12:00 pm - 1:00 pm EDT

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Learn More About Environmental Due Diligence and Lease Considerations for Landlords and Tenants - On Tuesday, August 8, from 12–1 p.m. (ET), attorneys from Ulmer's Real Estate practice will host a complimentary webinar on...more

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