News & Analysis as of

Commercial Leases

Otten Johnson Robinson Neff + Ragonetti PC

Court of Appeals: Contractual Attorney Fees Provision Awards “Fees on Fees”

Colorado, like most states, follows the “American Rule,” which requires parties to a lawsuit to pay their own legal expenses. There is a significant exception though, if the parties agree, in a contract clause known as a...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup – Hotel Growth Forecast, Data Center Availability and an AI Rental Revolution

In our latest roundup, AI cuts disaster infrastructure losses, multifamily drives increase in CRE delinquency rates, commercial services firms lead in office and industrial leasing activity, and more! AI applications such as...more

Lathrop GPM

Florida Repeals Sales Tax on Commercial Leases

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Florida has historically been the only state that charged sales tax on commercial leases. That changed on June 30, when Florida Gov. Ron DeSantis signed House Bill 7031 into law. ...more

Stikeman Elliott LLP

The Superior Court Rules on the Obligation in a Deed of Sale to Honour Existing Leases as an Exception to Article 1887 C.C.Q. And...

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Introduction - In Fontaine v. B2GD Société immobilière Inc. (2025 QCCS 1023), the Superior Court issued an innovative ruling on the effect of a clause in a deed of sale requiring the purchaser to honour existing leases...more

Jones Day

Real Insight - Issue 1 2025

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INTRODUCTION - Welcome to the first edition of Real Insight, our new UK real estate update. Among the subjects covered in this edition are the emerging success of data centres in the planning system, continuation funds,...more

DarrowEverett LLP

Tenant Estoppel Certificates: Navigating Risks, Responses and Leverage

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When it comes to the sale or financing of real property, tenant estoppel certificates are not just formalities—they are crucial documents that confirm the status of existing leases. Tenant estoppel certificates offer...more

Poyner Spruill LLP

The Importance of SNDAs and Estoppel Certificates

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Whenever a lender is making a commercial real estate loan secured by property which has been leased to one or more tenants, a lender will typically require a Subordination, Non-Disturbance and Attornment Agreement (SNDA).  An...more

Offit Kurman

Understanding the FDD and Franchise Agreement Before You Invest

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Franchise Agreements are typically drafted by the franchisor and presented on a “take it or leave it” basis. These contracts often impose strict controls over how you operate your business — from approved vendors and...more

Allen Matkins

Retail’s Flight to Quality

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With investors expressing optimism, the retail sector is steady or improving across California. Residential-serving retail is a key bright spot, with specialty stores and restaurants potentially entering a new growth cycle,...more

Kohrman Jackson & Krantz LLP

Ohio Court Upholds Landlord’s Right to Accelerated Rent Without Mitigation in Commercial Lease

In another significant win for commercial landlords, an Ohio Court of Appeals recently affirmed the enforceability of a lease provision allowing a landlord to recover accelerated rent without any duty to mitigate damages. In...more

Miller & Martin PLLC

5 Provisions to Carefully Negotiate as a Tenant in a Commercial Lease

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Lease agreements define the relationship between landlords and tenants. Whether you are a savvy business owner or a first-time tenant, a thoughtfully negotiated lease agreement is crucial to avoid negative impacts on your...more

Roetzel & Andress

Say Goodbye to State Sales Tax on Commercial Rent and License Fees

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New Florida legislation will have a significant impact on the commercial real estate market. Florida House Bill 7031 (“HB 7031”) will become effective October 1, 2025, repealing the state sales tax on commercial rent and...more

Falcon Rappaport & Berkman LLP

Too Close for Comfort: OCM’s School-Distance Mistake Puts 100+ Dispensaries at Risk

In a shocking announcement, the New York Office of Cannabis Management (OCM) informed 108 adult-use dispensary license holders, including 89 in NYC, that the current locations of their dispensaries are in violation of the...more

Lowndes

Franchise Riders in Retail Leases: What You Need to Know as a Landlord

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Understanding Franchise Riders: Purpose, Content, and Potential Conflicts - When a franchisee signs a retail commercial lease to operate a franchised business, the franchisor may require a Franchise Rider, a document that...more

Davidoff Hutcher & Citron LLP

How to Structure Real Estate Ownership for Maximum Asset Protection in the Restaurant Industry

For restaurant owners in New York, owning real estate can be a powerful asset—offering stability, long-term equity growth, and operational control. However, real estate ownership also exposes your business and personal wealth...more

Burr & Forman

Florida to Eliminate Sales Tax on Most Commercial Rent Starting October 1, 2025

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Starting October 1, 2025, Florida will officially end the state sales tax and any local surtaxes on commercial property rent. After that date, sales tax will no longer apply to rent for office buildings, retail spaces,...more

Rivkin Radler LLP

July 2025 New York Insurance Coverage Law Update

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A pedestrian tripped and fell on a public sidewalk in front of a multi-unit premises owned by 1995-2003 Jerome Avenue. The injured claimant filed a bodily injury action against Jerome Avenue and Pawnit Jerome Corp., a lessee...more

Nossaman LLP

Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability

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Planning and constructing public infrastructure projects takes significant time – sometimes many years. Property owners and businesses who may be impacted are left in a state of limbo, not knowing for sure whether the project...more

Tonkon Torp LLP

Legal Lessons from Portland’s Commercial Real Estate Uncertainty

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In today’s commercial real estate market, the only certainty is uncertainty. This is not a call for panic, but rather a call for balance. Now is not the time for bet-the-firm risks, nor is it a time for total retreat to the...more

Winstead PC

Structuring Co-Tenancy Clauses: A Collaborative Approach to Risk and Remedy

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In the ever-morphing world of Retail Leasing, co-tenancy clauses often become the focus of negotiation—and a frequent flashpoint of disputes. Designed to protect tenants from being left vulnerable when shopping centers lose...more

Holland & Knight LLP

Florida HB 7031 Becomes Effective Oct. 1, 2025

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In a major win for Florida's commercial real estate market, Gov. Ron DeSantis signed Florida House Bill (HB) 7031, eliminating both the State Business Rent Tax and County Surtax on commercial leases effective Oct. 1, 2025....more

Mintz

Understanding the Statutory Cap on Landlord Claims for Rejected Leases in Bankruptcy

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The number of corporate bankruptcy filings has increased significantly over the past several years. In 2024, there were 688 chapter 11 filings by private companies with either assets or liabilities greater than $2 million or...more

Mayer Brown

A Bolt From the Blue: Upwards - Only Rent Reviews to Be Outlawed

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INTRODUCTION - Just as we were winding down for the summer, the commercial property industry was shocked by the announcement that the government has unexpectedly decided to seek to ban upwards only rent reviews (“UORR”)....more

Jones Day

New York Legislature Targets Real Estate Lenders To Lower Rents

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In an effort to protect small businesses from high rents, on June 13, both houses of New York's legislature passed a bill, S1163, that prohibits "rent minimums" in real estate secured loan documents. As of this writing, this...more

K&L Gates LLP

Upwards-Only Rent Reviews to be Banned in New Commercial Leases

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Summary - As part of the English Devolution and Community Empowerment Bill (the Bill), the Government has announced plans to ban upwards-only rent reviews in new commercial leases in England (English Devolution and Community...more

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