News & Analysis as of

Commercial Leases

Lowndes

What Landlords and Tenants Need to Know This Hurricane Season - June 2025

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Hurricane season is officially underway, and the National Oceanic and Atmospheric Administration (NOAA) is predicting an above-normal season. Hurricane season runs from June 1 to November 30, and the agency is estimating...more

Parker Poe Adams & Bernstein LLP

Workers' Compensation Exclusivity Does Not Prevent Claims Against Employer's Officers as Landlords

For employers, workers' compensation laws act as both a sword and a shield. While injured employees do not have to prove negligence resulting in the injury, they cannot sue the employer for personal injury outside of the...more

Frost Brown Todd

Sale-Leaseback Due Diligence Considerations

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This is the fourth installment in our series on sale-leaseback transactions, a real estate financing mechanism growing in popularity. For a recap, check out part one on sale-leaseback fundamentals, part two on reverse...more

Hogan Lovells

Green Leasing in the US

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Green lease provisions are being added with increasing frequency in U.S. leases, especially in lease forms of larger and more sophisticated owners. For example, major owners of industrial spaces throughout the U.S....more

Houston Harbaugh, P.C.

Sixth Circuit Rules That Driller Must Establish Marketability of Each Gas Product Under Market Enhancement Clause

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Let’s assume you own 105 acres in Greene County, Pennsylvania. In 2020, you signed an oil and gas lease with ABC Exploration. During the negotiations, you agreed that only those post-production costs which actually...more

McGinnis Lochridge

Texas Supreme Court Clarifies Limits of Shut-In Payment Notations in Lease Disputes

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In this case (Scout Energy Mgmt., LLC v. Taylor Properties, No. 23-1014, 2024 WL 5249490 [Tex. Dec. 31, 2024]), the Texas Supreme Court held that vague notations on shut-in royalty check receipts cannot modify an unambiguous...more

Perkins Coie

California Supreme Court Upholds Reduced Rent Remedies in Cotenancy Clauses

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Key Takeaways - - In JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC, the Supreme Court of California upheld the validity of a cotenancy provision in a retail lease, affirming that in certain instances where clauses are drafted...more

Womble Bond Dickinson

[Hybrid Event] 2025 Arizona Last Chance CLE - June 25th, Phoenix, AZ

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Don't let the June 30th deadline sneak up on you! Ensure you meet your MCLE requirements with our all-day CLE event. This year’s Last Chance CLE offers a diverse array of engaging sessions covering key topics and recent legal...more

Stoel Rives LLP

Lease of Mind: Why Developers Should Consider Lease Options in Real Estate Agreements

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Before leasing land, it is important for developers to understand the benefits of using a lease-option structure instead of jumping straight into a leasehold. By deliberately separating and sequencing the grant of rights from...more

McGinnis Lochridge

Production Disputes and Estoppel Claims Cloud Lease Termination in Milam County

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In this lease termination case (Pruett v. River Land Holdings, LLC, No. 03-22-00478-CV, 2024 WL 1745652, at *1 [Tex. App.—Austin Apr. 24, 2024, no pet.]), the Austin Court of Appeals was tasked with examining a cessation of...more

Procopio, Cory, Hargreaves & Savitch LLP

New Requirements Have Been Imposed on Some California Property Owners Renting Out Commercial Space

Learn How SB 1103 Could Impact You - Although the parties to commercial leases in California have historically had the freedom to bargain over nearly all terms of a lease with little statutory restraint, a law that came into...more

Harris Beach Murtha PLLC

Cannabis Real Estate: Gating Issues in Retail Dispensary Site Selection

New York State legalized the use, sale, and production of recreational cannabis on March 31, 2021, by way of the Marijuana Regulation and Taxation Act (MRTA). As of May 2025, New York State has issued more than 1,600 licenses...more

Bennett Jones LLP

Tenant Due Diligence Essentials in British Columbia

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Corporate and property searches are an essential starting point for tenant due diligence when negotiating a commercial lease. Due diligence search results can provide tenants with a clearer picture of the property, the...more

Balancing Leasing Acquisition and Environmental Risk in Data Center Projects

Buoyed by robust demand for large parcels of undeveloped land, the rise of artificial intelligence workloads, and the game-changing role that hyperscalers are playing, the real estate market for data centers is in a strong...more

Mandelbaum Barrett PC

Veterinary Real Estate Transactions: Legal & Strategic Considerations

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Current Market Overview - The veterinary real estate market remains active in 2025, though it’s evolving in response to broader economic conditions. Rising interest rates, limited inventory in high-demand urban and suburban...more

Holland & Knight LLP

Tenant Estoppels, Part 2 of 2: Practical Reminders on What Landlords Should Seek

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If the tenant and/or its tenant estoppel is important, consider asking them to alert you immediately if they have concerns about meeting response obligations. Your pending refinance or sale may go smoother if you are in...more

Holland & Knight LLP

Tenant Estoppels, Part 1 of 2: Practical Reminders on What Tenants Should Avoid

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Although tenant estoppels can seem to be mostly nuisance documents, they can pose traps for the unwary, particularly if you are leasing space that is important to your company's operations or you have loan covenants regarding...more

Offit Kurman

Eviction Essentials and Lease Management

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In this episode of Litigators Lounge, hosts Anders Sleight and Niall McMillan discuss the current challenges in the commercial real estate market. They explore essential steps for landlords and property managers to protect...more

DarrowEverett LLP

Mitigating Lease Risk: Key Tools for Landlords with Smaller Tenants

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While not all landlords prefer—or are able—to lease their commercial properties exclusively to large, creditworthy “national” tenants, these tenants are attractive due to their strong financial stability. However, what about...more

Stikeman Elliott LLP

Asbestos: To Remove or Not to Remove – Is That the Question?

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The Alberta Court of King’s Bench provides clarification on both the interpretation and application of the Occupational Health and Safety Act regarding asbestos as well as the duties of landlords and tenants to carry out...more

Stark & Stark

Navigating the Proposed REAL Regulations for New Jersey Commercial Landlords

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On August 5, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) introduced substantial climate change regulations called Resilient Environments and Landscapes (“REAL”). Public comments were accepted through...more

Stark & Stark

Rite-Aid Files a Chapter 22: Second Chapter 11 Bankruptcy Filing in Two Years

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Rite Aid Corporation filed a Chapter 11 bankruptcy petition for the second time in two (2) years in the District of New Jersey Bankruptcy Court, docket #25-14731 (MBK) on May 5, 2025. A repeat filing like this is often...more

Weintraub Tobin

[Webinar] California’s Commercial Tenant Protection Act (SB 1103): What Property Owners, Managers & Brokers Need to Know - May...

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California’s Commercial Tenant Protection Act (SB 1103) now provides commercial tenants who operate small businesses with new legal protections of which property owners, managers and brokers must be aware. Failure to comply...more

Snell & Wilmer

Unique Considerations When Opening or Reopening a Business in the LA Fire Zones

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The 2025 Eaton and Palisades fires caused vast destruction, but in the wake of such destruction there may be unique opportunities for people looking to open or reopen a business in the zones impacted by such fires. Opening a...more

Adams & Reese

Reconnaissance is Key – A Veteran Business Owner’s Guide on Commercial Leases

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Veteran business owners: whether you are setting up shop in an office building or in a retail strip mall, your commercial lease is a critical piece of your company’s mission. Just like a well-defined business plan, a clear...more

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