News & Analysis as of

Commercial Leases Coronavirus/COVID-19 Landlords

Allen Matkins

What is the outlook for the office sector right now?

Allen Matkins on

“The 'flight to quality' continues. Office building landlords with space available in upscale buildings (with state-of-the-art amenities) located in hot submarkets are very active right now. Most companies have realized...more

Rosenberg Martin Greenberg LLP

Maryland Appellate Court Addresses Obligation of Tenant Shut Down By COVID Order To Pay Rent

Nearly four years after the depths of the COVID-19 pandemic, issues concerning the legal consequences of executive and legislative orders shutting down business operations are still working their way through appellate courts...more

Holland & Knight LLP

Federal Leasing 2023: The Year in Review

Holland & Knight LLP on

This is the first edition of Holland & Knight's Federal Real Estate Leasing Year in Review. For years, our GSA Leasing & Federal Real Estate Team has worked with LexisNexis to provide updated versions of the Federal...more

Freiberger Haber LLP

The First Department Dismisses COVID-19 Based Frustration of Purpose and Impossibility Related Defenses In Rent Arrears Action

Freiberger Haber LLP on

Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more

Patton Sullivan Brodehl LLP

Court Rejects Commercial Tenant’s Argument for Relief From Rent Due to “Temporary Frustration of Purpose” During Pandemic

Earlier this year, Money and Dirt covered a then recent case, West Pueblo Partners, LLC v. Stone Brewing Co., LLC, which was one of the first California cases dealing with the aftermath of the Covid-19 pandemic and the legal...more

Dorsey & Whitney LLP

Post-Pandemic Update on Commercial Evictions in Minnesota

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In August 2020, we circulated an article addressing COVID-19’s Impact on Commercial Evictions and Landlord-Tenant Relations in Minnesota. Nearly three years later, much has changed and it’s time for an update....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

Rivkin Radler LLP

Courts Leave Landlords in the Lurch on Guaranty Law

Rivkin Radler LLP on

Recently, two important court decisions ruled that a New York City local law known as the Guaranty Law, which rendered unenforceable certain guaranties of commercial lease obligations, was unconstitutional. One month later,...more

Dickinson Wright

Attention Commercial Landlords! Tenants Affected by Shutdowns Might Have the Right to Rent-Free Extension Terms

Dickinson Wright on

In recent years, brick-and-mortar businesses faced hardship with government shutdowns forcing them to pay expenses without revenue. Desperate for relief, tenants sought court help but were consistently denied and required to...more

Seyfarth Shaw LLP

Federal Court: New York City COVID-19 Guaranty Law Unconstitutional

Seyfarth Shaw LLP on

On March 31, 2023, U.S. District Judge Ronnie Abrams of the Southern District of New York issued her highly anticipated ruling in the latest iteration of Melendez et al v. The City of New York, et al. Judge Abrams granted...more

Tarter Krinsky & Drogin LLP

New York City’s “Guaranty Law” is Held to be Unconstitutional and Unenforceable

In a highly-anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York ruled on March 31, 2023, in Melendez v. City of New York, that New York City's Guaranty Law is...more

Lasher Holzapfel Sperry & Ebberson PLLC

Commercial Tenant Evictions and What You Need to Know in Seattle

Mayor Bruce Harrell officially ended the City of Seattle Civil Emergency Proclamation on October 31, 2022, which affects the requirement for landlords to negotiate payment plans with commercial tenants that qualify as a small...more

Miller Canfield

Sunset of Certain Bankruptcy Code Changes

Miller Canfield on

As we previously reported, the Bankruptcy Code saw many changes in 2020 and 2021. Some of the changes that were enacted under the Consolidated Appropriations Act, 2021 ("CAA") will soon end....more

BCLP

Briefcase - Quarterly Real Estate Update - September 2022

BCLP on

In this September quarter edition, we cover: ..Oceanfill v Nuffield Health and Cannons Group - Restructuring lease liabilities; what’s the plan for guarantors? ..Dell and another v 89 Holland Park (Management) Ltd – ...more

Holland & Knight LLP

The Ongoing Effects of COVID-19 in Landlord-Tenant Law

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New York City enacted Administrative Code Section 22-1005, known as the "Guaranty Law" prohibiting enforcement of personal guaranties supporting commercial leases, in May 2020. The law applies to defaults that occurred...more

BCLP

Leasing - liability for rent during the pandemic

BCLP on

Roger Cohen of Bryan Cave Leighton Paisner asks: is the tenant of commercial premises in England liable to pay rent whilst the premises were closed for the pandemic? Or has the tenant a defence to such a claim, thereby...more

Hogan Lovells

UK COVID-19 rent arrears arbitration scheme: no protected rent arrears for office premises

Hogan Lovells on

The Commercial Rent (Coronavirus) Act 2022 introduced a statutory arbitration process for landlords and tenants to resolve disputes over commercial rent arrears accrued during the COVID-19 pandemic. The scheme applies to all...more

BCLP

Are you eligible for business rates relief? - seek advice today!

BCLP on

Business rates relief - Scenario: Since 2019, my business has occupied offices on an out of town business park. I am increasingly troubled by the amount of the rates that we are paying. ...more

Harris Beach Murtha PLLC

Important Connecticut Supreme Court Landlord-Tenant Decision Addressing the Implications of the COVID-19 Pandemic and Resolving...

On May 10, 2022, the Connecticut Supreme Court issued an extremely important decision in AGW Sono Partners, LLC v. Downtown Soho, LLC, et al. (SC 20625), addressing several COVID-19 related defenses being asserted by...more

Dorsey & Whitney LLP

The Commercial Rent (Coronavirus) Act 2022: A Solution to the Commercial Rent Arrears Problem?

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On 24 March 2022, the Commercial Rent (Coronavirus) Act 2022 (the “Act”), took effect. This legislation further continues the range of coronavirus measures passed by the government, which aim to provide an as fair as possible...more

Tucker Arensberg, P.C.

Pennsylvania Superior Court Holds that Doctrines of Frustration of Purpose and Impracticability/Impossibility of Performance are...

Tucker Arensberg, P.C. on

In the first Pennsylvania appellate case addressing the effects of government-ordered business closures due to the Covid-19 pandemic on a commercial lease default, the Pennsylvania Superior Court has held that the traditional...more

BCLP

Frustration and rent abatement in commercial leases - Hong Kong Court rules on the impacts of COVID-19 pandemic

BCLP on

More than two years into the COVID-19 pandemic, anecdotal reports are that there have been many disputes between landlords and tenants about how the pandemic might affect the tenant’s payment obligations. Tenants reportedly...more

Hogan Lovells

UK government publishes working draft guidance for arbitrators under the COVID-19 arrears arbitration scheme

Hogan Lovells on

In this article we consider the working draft guidance published for arbitrators in relation to the new COVID-19 commercial rent arrears arbitration scheme, which is expected to come into force on 25 March 2022 under the...more

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Court Holds Debtor-Assignor Is Not Off the Hook for Pre- and Post-Assignment Damages Under Lease Assigned...

If you really want to be released from your lease obligations and those of your assignee, you need to get a landlord release at the time of assignment. An assignor tenant’s lease obligations survive an otherwise permitted...more

Latham & Watkins LLP

“Ki(c)k“ boxing between tenants and landlords on rent payment obligations during Covid-related business closures continues even...

Latham & Watkins LLP on

This week, the Federal Court of Justice (BGH) issued its eagerly awaited judgment on rent payment obligations during COVID-related business closures. The judgment eases, at least in part, landlords and tenants’ uncertainty...more

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