News & Analysis as of

Commercial Leases Landlords

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

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

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

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

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

Jones Day

Shock and Law: UK Government's Surprise Proposal to Ban Upward-Only Rent Reviews

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For years, upward-only rent reviews have been a cornerstone of the UK commercial property market, offering landlords and investors a reassuring degree of income security and predictability....more

Lowndes

Florida Repeals Sales Tax on Commercial Leases: 5 Things to Know Now

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Following our recent update on Florida’s repeal of sales tax on commercial real estate leases, we’re taking a closer look at what this change means for landlords, tenants, brokers, and property managers....more

Weintraub Tobin

CRE Alert: California Case Law Changes Requirements for Three-Day Notices

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The recent California appellate court decision Eshagian v. Cepeda has added a new requirement to the already detailed rules surrounding Three-Day Notices—documents landlords must serve before initiating eviction proceedings....more

Sheppard Mullin Richter & Hampton LLP

California SB-1103: What Landlords Need to Know About New Rights for Small Business Tenants

California’s Commercial Tenant Protection Act (SB-1103) took effect on January 1, 2025. Conceived as a transparency and displacement prevention measure for small businesses, the new law creates tenant protections for small...more

Jackson Walker

Fair Notice Drafting: Indemnity Clauses that Stand Up in Texas Courts

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Imagine a customer slips and falls inside a tenant’s leased space. The injured party alleges that the fall was caused by water leaking from the building’s sprinkler system. Although no fault has been determined, the claim...more

A&O Shearman

Ban on upwards only rent reviews—a major shake-up for commercial real estate?

A&O Shearman on

Without prior consultation, the UK government has introduced a significant reform to the commercial property landscape through the English Devolution and Community Empowerment Bill (the Bill), published on July 10, 2025. ...more

Otten Johnson Robinson Neff + Ragonetti PC

Ground Leases: A Commercial Real Estate Financing Alternative

In recent years, ground leases have gained popularity as an alternative for developers, offering more flexibility and leaner launch costs than traditional fee ownership of vacant land, pad sites, storefronts, or other...more

Stikeman Elliott LLP

Abuse of Contractual Right When Renegotiating a Commercial Lease: the Superior Court Rules on Unreasonable Offers by Landlord

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In Grains Boivins inc. v. Élevages St-Georges inc. (2025 QCCS 25), a decision dated January 10, 2025, the Superior Court handed down a decision reminding landlords that they must negotiate with tenants in good faith when...more

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

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