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Commercial Leases Commercial Tenants Leases

Lowndes

Common Area Maintenance and Operating Expenses in Commercial Leases: What Should and Should Not Be Included?

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In commercial leases, "operating expenses" (often referred to as OPEX, CAM or Common Area Maintenance) generally cover the costs associated with the daily operation, maintenance, and repair of the property. In addition to...more

Arnall Golden Gregory LLP

2024 Retail Wrap-Up: Musings on AI and More

At the end of each year, many of us ponder whether our current resolutions were achieved and what our resolutions should be for the year to come. Of course, resolutions should be achievable and not simply aspirational. With...more

Epstein Becker & Green

Importance of Negotiating the Letter of Intent for 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

Mandelbaum Barrett PC

Navigating Lease Agreements in Veterinary Practice Transactions: Key Considerations for a Successful Transition

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When purchasing a veterinary practice, one of the key considerations is the real estate where the practice operates. If the buyer does not intend to purchase the property itself, they will need to either assume the existing...more

Blank Rome LLP

New York Court Decision Disrupts “Good Guy Guaranty” Liability Limitations

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In the New York commercial leasing world, and in almost every privately-owned restaurant lease, the well-known “Good Guy Guaranty” is abundantly common. However, a decision by a judge in the Supreme Court for New York County,...more

Tonkon Torp LLP

Key Lease Work Letter Issues When the Landlord Is Doing the Work

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In her new Ear to the Ground video, the first of a two-part series on lease work letters, attorney Kimberlee Stafford, Chair of our Real Estate & Land Use Practice Group, discusses key work letter issues and situations when...more

Tonkon Torp LLP

Pinning Down the Lease Commencement Date

Tonkon Torp LLP on

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

Smith Anderson

Winning the Race to Record: Protecting Rights in Real Estate

Smith Anderson on

The North Carolina Court of Appeals this week addressed an important issue involving leases, options to renew, and the North Carolina recordation statutes known as the “Connor Act.” The decision affects anyone who buys or...more

Weintraub Tobin

Feast or Famine: The Importance of Contemplating Failure in Commercial Real Estate Transactions

Weintraub Tobin on

Every spring, usually on the first weekend of good weather, I rush to the local nursery and spend what feels like a week’s worth of wages on new plants, soil, fertilizer, and irrigation lines. I can’t wait to get the...more

Bennett Jones LLP

Let's Be Reasonable: Landlord Consents to Lease Assignment

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What sort of things go through a commercial landlord's mind when receiving a notice from its tenant that the tenant wants consent to assign its lease? The answer is, all sorts of things. The landlord may want the space...more

Miller Starr Regalia

Strict Compliance With Statutory Conditions: Another Challenge For California Landlords In The Eviction Process

Miller Starr Regalia on

The long moratorium on most evictions due to the COVID-19 pandemic, as well as the de facto shutdown of the court system for civil matters, caused most California landlords to defer unlawful detainer and related...more

Allen Matkins

If A Lease Is Not "Valid", Is It Void or Voidable?

Allen Matkins on

Justice Ignazio ("Nace") John Ruvolo once observed that the "Illegality of contracts constitutes a vast, confusing and rather mysterious area of the law."  McIntosh v. Mills, 121 Cal. App. 4th 333, 344 (2004).  One confusing...more

BCLP

How can a landlord recover possession of business premises so that it can occupy for its own business?

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You are a landlord of business premises. You have owned the premises for more than five years. You have granted a lease of your premises to T, which is protected by the Landlord and Tenant Act 1954....more

Arnall Golden Gregory LLP

Lease Issues - From the Landlord's Perspective

The last year has been a challenging time and it begs the question, from the landlord’s perspective, what have we learned? One thing for sure is that the average lease, a document that seems (for most landlords) to be like...more

Kelley Drye & Warren LLP

COVID-19 Lease Provisions

In the wake of COVID-19, commercial landlords are facing unprecedented challenges as they strive to mitigate new risks while maintaining the rapport they have built in their professional communities and with their tenants. ...more

Cole Schotz

New York Court Deems A Yellowstone Application Essential

Cole Schotz on

From the start of the unprecedented closure of the New York State Courts to new, “non-essential” filings until yesterday, commercial tenants had no remedy against a landlord seeking to terminate a lease as a result of a...more

Seyfarth Shaw LLP

What to Know About Recourse Carve-Outs in the Age of COVID-19

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In this challenging and rapidly changing environment, real estate players are dealing with the effects of COVID-19 on real property operations in real time. As they make decisions at an accelerated pace, they should bear in...more

Husch Blackwell LLP

Commercial Leasing And COVID-19: An Exploration Of Force Majeure Doctrine In The Context Of A Public Health Crisis

Husch Blackwell LLP on

As the COVID-19 pandemic continues to spread, there is a growing anxiety among commercial tenants and landlords as they assess the ability of tenants to maintain normal business operations. As various cities and states begin...more

Farrell Fritz, P.C.

How Does the Coronavirus Pandemic Affect Your Lease Obligations?

Farrell Fritz, P.C. on

Are you a commercial tenant? Has the coronavirus pandemic prompted you to consider temporarily closing your physical location? Does your lease have a “continuous operations” provision?...more

Tonkon Torp LLP

The Lowdown On Commercial Leases In Oregon

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A new infographic released by Cushman & Wakefield looks at the past 10 years of commercial real estate growth in Portland. With so much demand for office space from the multiple industries fueling our region's growth, I’m not...more

Kilpatrick

5 KEY TAKEAWAYS: Negotiating Commercial Leases and Important Lease Provisions

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Kilpatrick Townsend’s Michael Myers provided an introductory look at the law around commercial leases, as well as certain tactics for negotiating commercial leases, at a 2019 continuing legal education (CLE) seminar at the...more

Tucker Arensberg, P.C.

A Lesson in Commercial Leases

Tucker Arensberg, P.C. on

Where residential leases are often seen as quite straightforward, to many, commercial leases can be intimidating. They represent a long-term financial commitment and contain different terms and nuances not necessary in...more

Farrell Fritz, P.C.

Court Seals Commercial Lease Provisions in Landlord Tenant Dispute

Farrell Fritz, P.C. on

Commercial leases are not all boilerplate. The nature and sophistication of the business or industry of the tenant can lead to lease terms, addenda, riders and exhibits that are complicated and in some cases contain what the...more

Allen Matkins

Court Holds Assignment Vitiates Contract Provision Limiting Damages

Allen Matkins on

Yesterday, a division of the California Court of Appeal came to the rather surprising conclusion that an assignment of a contract deprived the assignor of the benefit of a contractual limitation on liability. Gietzen v....more

Tarter Krinsky & Drogin LLP

Commercial Tenancy Contract Disputes: The New York Court Of Appeals Curtails The Ability Of Commercial Tenants To Seek A...

For approximately 50 years, commercial tenants in New York facing potential action for breach of lease and possible eviction have enjoyed the use of a so-called "Yellowstone injunction," which, if granted by the court, froze...more

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