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Commercial Leases Commercial Tenants Breach of Contract

Stark & Stark

Tenant Abandonment of Property at Leased Premises in New Jersey

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What Rights and Remedies Does a Landlord Have Against the Tenant or Secured Creditors? Although not ideal, most every landlord has experienced a commercial tenants to sometimes ceasing business operations and handing over...more

Stark & Stark

5 Issues for Landlords During a Bankruptcy Lease Rejection

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When a commercial tenant files for bankruptcy, they have the option to assume or reject unexpired leases. A bankruptcy lease rejection is a significant action, as it communicates the debtor’s intent to hand back the space....more

Patton Sullivan Brodehl LLP

Commercial Lease Co-Tenancy Clauses: California Supreme Court Weighs In

The California Supreme Court weighed in on the validity of commercial lease co-tenancy provisions with its recent opinion in JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC. A commercial lease co-tenancy clause conditions a...more

Holland & Knight LLP

The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

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The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing...more

Burr & Forman

Florida Appellate Court Says Tenant Cannot Use Force Majeure Clause as Weapon Against Landlord

Burr & Forman on

Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later...more

Carlton Fields

Supreme Court of Wyoming Confirms Arbitration Award

Carlton Fields on

The Supreme Court of Wyoming recently rejected claims by a party that had largely prevailed in arbitration, but asserted that it should have received its fees, and that the arbitrator incorrectly decided several issues....more

Kerr Russell

Commercial Lease Terminations in Michigan

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Aside from the contractually agreed upon early termination clauses (whether fault-based or based upon economics, business needs or other factors) and a landlord’s statutory remedy of terminating a lease due to non-payment of...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Force Majeure Decision Provides A Good Overview of the Law Surrounding Leases and the COVID-19 Pandemic

A few months ago, a Commercial Division court granted summary judgment in favor of the plaintiff-landlord in a case involving a commercial lease for a gym that was closed due to COVID-19 restrictions.  The decision in Amherst...more

Winthrop & Weinstine, P.A.

No Refuge in Impossibility or Frustration of Purpose for Commercial Tenants, Says Minnesota Court of Appeals

The struggles of commercial tenants due to the COVID-19 pandemic are as widespread as they will be long-lasting.  From closures to strict regulations that have greatly disrupted normal operations, businesses are facing...more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24 - COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories...

The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more

Lowndes

New Decision Shows the Importance of Strongly Drafted Force Majeure Provisions

Lowndes on

Over the course of the last year, commercial landlords have become intimately familiar with the legal principles wielded by tenants to excuse the payment of rent. ...more

Goulston & Storrs PC

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

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CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more

Hogan Lovells

Corona virus as a force majeure event in hotel lease agreements

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Corona virus as a force majeure event in hotel lease agreements - Rent payment and business interruption insurance - Since the hotel industry is severely affected by the current situation due to the new corona virus...more

Farella Braun + Martel LLP

What to Do When Commercial Leases End Up in Bankruptcy

The COVID-19 pandemic is forcing many businesses to close, leaving landlords in the lurch. The COVID-19 pandemic continues to shake up the nation’s economy. Long-standing companies such as JC Penney, J. Crew, Neiman...more

Lowenstein Sandler LLP

Mounting A Successful COVID-19 Force Majeure Argument

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As the economic effects of COVID-19 rage on, litigants are seeking to excuse contractual performance by invoking force majeure clauses. To date, there is a limited universe of applicable decisions, and the rulings reaffirm...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Force Majeure Litigation Continues in the Travel and Commercial Real Estate Industries

While COVID-19 has steadily increased the amount of force majeure litigation, certain industries—such as travel and real estate—have seen a disproportionate number of cases filed. The aviation and commercial real estate...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 13

This 13th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in everything from constitutional law to tort liability. Shutdown cases show no signs of slowing down, and it seems...more

Blake, Cassels & Graydon LLP

Blakes Continuity Podcast: Litigation Fever – Part I: What Lies Ahead?

The coronavirus pandemic is pushing the litigation envelope to new and often unexpected heights. From force majeure and landlord-tenant agreements to mounting class-action lawsuits, our lawyers Matthew Liben and Robin...more

BCLP

Asset management in England and Wales: using a court claim to recover rent arrears for business premises

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How can a court claim help a landlord get the rent paid ? A court claim can be an effective way to claim rent arrears from a tenant of business premises....more

Tucker Arensberg, P.C.

The Impact of COVID-19 on Commercial Leases

Tucker Arensberg, P.C. on

The economic fallout from the COVID-19 pandemic has caused commercial landlord and tenants to grapple with difficult business decisions and legal questions concerning their relationship. Currently, Pennsylvania landlords have...more

White & Case LLP

Czech Responses to COVID-19

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The goal of the Prague COVID-19 Task Force is to regularly update our clients on actual and prospective developments in their markets consequent on the pandemic, primarily from a Czech perspective but also across the region. ...more

Hogan Lovells

UK COVID-19: Update on protection from forfeiture for commercial tenants

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Avid readers will have seen our previous blog (https://www.ukrealestatelawblog.com/2020/03/24/uk-covid-19-commercial-tenants-to-be-given-three-months-protection-from-forfeiture/) on the government’s proposals to protect...more

Nelson Mullins Riley & Scarborough LLP

Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,...more

Rosenberg Martin Greenberg LLP

How Does the Pandemic Alter Your Lease Obligations?

How Does the Pandemic Alter Your Lease Obligations? Given the current circumstances arising from the COVID-19 pandemic and associated government-ordered closures, landlords and tenants both must analyze how their leases and...more

BCLP

U.S. COVID-19: Commercial Leases - Rent Obligations in the United States

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While it is true that a number of States and local municipalities have stopped all eviction proceedings and many courts are currently closed, the issue of rent remains front and center between landlords and tenants. The...more

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