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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

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

Whitman Legal Solutions, LLC

Navigating Pet Fees, Rent, and Restrictions

Owners Survey, about 70% of U.S. households own pets, up from 67% in the 2019-20 survey. As pet ownership increases, apartment dwellers may face the challenges of finding pet-friendly housing. Apartment leases often come...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

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

Farrell Fritz, P.C.

Is It an Illusion of Indemnification? Insurance Requirements for Tenants Paired with Indemnification Clauses in Leases May Not Be...

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Recently, in On Point Window Treatment, Inc. v. 208 Clinton Place, LLC, 2024 N.Y. Slip Op. 50241 (N.Y. Sup. Ct. 2024), the Kings County Supreme Court held that even when paired with an insurance procurement requirement, a...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

Whitman Legal Solutions, LLC

HUD Proposes Tenant Eviction Notice Rule

In the real estate field, surprises are less welcome. Owners expect tenants to pay their rent and follow lease requirements, and tenants expect owners to maintain rental units and common areas and to provide the agreed...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

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

Brownstein Hyatt Farber Schreck

Colorado Bill Adds New Rental Agreement Prohibitions Effective Aug. 7

A bill adding to the list of prohibited provisions in rental agreements recently became law in Colorado. Although the state already had rules in place for what can appear in rental agreements, HB 23-1095 adds prohibitions...more

Stoel Rives LLP

Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease

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Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers....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

Miller Starr Regalia

Co-Tenancy Provisions In Retail Leases: Liquidated Damages Or Alternative Performance?

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Two cases from different appellate districts in California have come to differ­ent conclusions about the enforceability of co-tenancy provisions. The Fifth District Court of Appeal in Grand Prospect Partners, L.P. v. Ross...more

Cadwalader, Wickersham & Taft LLP

ABCD ... ROFR and SLL June 2022 - The Strengths of Rights of First Refusal

On March 30, 2022, the New York State Supreme Court, New York County (the “Court”) decided in Times Square JV LLC v. Walber Broadway LLC that a ground lease-tenant that is in default under the ground lease for failure to pay...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

BCLP

Landlord Tenant Dispute: Tenant’s liability to make good damage and defects after the expiry of the tenancy

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What is the allocation of responsibility for damage and defects after the expiry of a tenancy - The dispute in So Hon Ming Francis v Cheung Lau Shau Chun and Another ([2021] HKDC 1494, DCCJ 367/2019, 29 November 2021)...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

Royer Cooper Cohen Braunfeld LLC

Restrictions on Lease Remedies Arising Under Homart

In March, when much of the country was first experiencing the effects of the COVID‐19 pandemic, it was commonly believed that things would return to normal soon. Nearly nine months later, most of us have come to realize that...more

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