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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

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

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

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

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

BCLP

Unpicking the Government’s Bill to Ban Upwards Only Rent Reviews

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The Government (through Deputy PM Angela Rayner) introduced the English Devolution and Community Empowerment Bill into the Commons on 10 July. Amongst other matters the Bill seeks to reignite a Labour policy last seen at the...more

Frost Brown Todd

Reverse Build-to-Suit: Sale Leaseback Transaction with a Twist

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A reverse build-to-suit is a specialized real estate mechanism where the tenant develops and builds out the leased property to support the tenant’s use. This is a “reverse” of the common build-to-suit model, where a landlord...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

Farella Braun + Martel LLP

REFRESH Real Estate Leasing Tips for Nonprofits

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 111 of EO Radio Show is a "refresh" of our episode 53, "Real Estate Leasing Tips for Nonprofits," first dropped on September 11, 2023....more

Sands Anderson PC

Top 6 Considerations for Landlords Navigating a Purchase or Right of First Refusal Option in Commercial Leases

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When it comes to commercial leases, offering a tenant the chance to purchase the property or exercise a right of first refusal can be an appealing way to sweeten a deal. However, these options come with layers of complexity...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

Husch Blackwell LLP

California's Commercial Tenant Protection Act Shifts Burdens, Costs to Landlords

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California Governor Gavin Newsom signed the Commercial Tenant Protection Act (SB 1103) into law on September 30, 2024, in what supporters billed as first-in-the-nation commercial tenant protections to safeguard the smallest...more

Epstein Becker & Green

Importance of Negotiating Initial Term and Renewal Terms in Health Care Leases

In our upcoming series of blog posts, we will look at several key negotiating points for tenants in triple net healthcare leases. We will also offer suggestions for certain lease provisions that will protect tenants from...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

White and Williams LLP

The Sounds of Silence: Pennsylvania’s Sutton Rule

In Westminster Am. Ins. Co. a/s/o Androulla M. Toffalli v. Bond, No. 538 EDA 2023, 2023 Pa. Super. LEXIS 626, 2023 PA Super 272, the Superior Court of Pennsylvania (Appellate Court) recently discussed the impact of silence on...more

Tonkon Torp LLP

Pinning Down the Lease Commencement Date

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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

Hogan Lovells

Can a term be implied into a UK lease so that it makes business sense?

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In the recent case of Rail for London v The Mayor and Burgesses of the London Borough of Hackney, the UK High Court considered what happens when the express terms of a lease do not reflect the wider business context....more

BCLP

MEES, The Next Chapter: Plotting Residential Real Estate’s Route to Net Zero

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MEES Regulations have meant that since 1 April 2020 landlords of residential property have been prohibited from letting out properties below a minimum EPC rating of E unless they have registered an exemption. With the last...more

BCLP

Improving liquidity for Asian real estate investors - Part 3: Sale and Leaseback Agreements

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A common route for property owners to effect divestiture of their real estate assets to de-risk their investments and to improve liquidity is to sell down part of the asset and form a joint venture with the buyer....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

Lippes Mathias LLP

Your Lease Can Help Save Our Planet

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With increased importance placed on environmental, social and governance (ESG) principles, and with numerous companies prioritizing socially conscious goals, many landlords and tenants have implemented “Green Leases” as part...more

A&O Shearman

Interpretation: if you ask 100 lawyers...

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English lawyers often take pride in the certainty afforded to commercial parties who chose English law to govern their contracts. In many respects, this faith is well placed. But is it becoming increasingly hard to predict...more

Miller Starr Regalia

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

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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?

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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

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