News & Analysis as of

Commercial Leases Lease Term

Arnall Golden Gregory LLP

Three Easy Tips for Lease Negotiations

In negotiating leases, there are many potential pitfalls. Below, we highlight three common issues, as well as smart strategies that will lead to better outcomes at the negotiation table. A failure to distinguish important...more

Adams & Reese

Reconnaissance is Key – A Veteran Business Owner’s Guide on Commercial Leases

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Veteran business owners: whether you are setting up shop in an office building or in a retail strip mall, your commercial lease is a critical piece of your company’s mission. Just like a well-defined business plan, a clear...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

The “Art” of the Commercial Real Estate Lease Term Sheet – Retail Leases

In our prior article, The “Art” of the Commercial Real Estate Lease Term Sheet, we discussed the importance of an accurate term sheet reflecting the material terms of the proposed commercial lease, and how in the absence of...more

Holland & Knight LLP

GSA Lease Terminations: Lessors' Rights and Responsibilities

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As part of ongoing efforts to reduce waste, the U.S. Department of Government Efficiency (DOGE), in coordination with the new leadership at the U.S. General Services Administration (GSA), is reaching out to all tenant...more

Lowenstein Sandler LLP

Lease Term Sheets: Why Investing in a Thorough Review Now Will Prevent Losses Later

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On this episode of “Terra Firma: Conversations on Commercial Real Estate,” Stacey C. Tyler and Stephen Tanico continue their term sheet series, this time focusing on lease deals and the value of attorney review prior to...more

Dickinson Wright

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

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Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the...more

BCLP

Hong Kong’s New Extension of Government Leases Ordinance

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The new Extension of Government Leases Ordinance (the “Ordinance”) will take effect this Friday, 5 July 2024. In consideration of the significant number of owners affected by the expiration of Government leases from 2025...more

Cranfill Sumner LLP

Three Key Tenant Risk Provisions in Commercial Lease Agreements

Cranfill Sumner LLP on

Commercial Leases and Risk The lease agreement is one of the most commonly utilized contracts in commercial transactions. Even in today’s mobile and technology-driven commercial landscape, a huge number of businesses and...more

Lowndes

Silence is Golden in Lease Renewal Provisions

Lowndes on

We previously wrote that commercial lease renewal provisions are void and unenforceable if they rely upon “market rent” with no mechanism to determine the market rent, but what happens when the renewal provision is completely...more

Miller Canfield

Canadian Law: Make Sure Your Lease Isn't a Dealbreaker

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When selling your business in Canada, you will face a long list of due diligence requests as the purchaser reviews all aspects of your business. If there is a lease, one key aspect of due diligence review will be the lease...more

BCLP

Briefcase 2023 Quarter 2: Key Real Estate Cases and Updates

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In this quarter’s edition, we cover cases concerning continuing nuisance, business lease renewals, “subject to contract” and misrepresentation. We also tell you about the new Renters (Reform) Bill recently introduced to...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

Harris Beach Murtha PLLC

Appeals Court Decision May Affect Rent Acceleration Clauses in Massachusetts Leases

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In an important recent decision for Massachusetts landlords, the Massachusetts Appeals Court determined that a rent acceleration clause in a commercial lease constituted an unenforceable penalty where it permitted the...more

Goodwin

Commercial Leasing in Massachusetts: Commercial Landlord Cannot Collect Accelerated Rent as Liquidated Damages and Rent From New...

Goodwin on

On December 5, the Massachusetts Appeals Court issued an important decision impacting commercial landlords’ ability to accelerate rent as liquidated damages after a Lessee’s default in Cummings Properties, LLC vs. Darryl C....more

BCLP

What a relief! High Court grants relief from forfeiture of an option to take a new lease

BCLP on

This decision has confirmed that a court can grant relief from forfeiture in relation to a tenant’s option to take a new lease. It is a useful reminder for landlords that forfeiture does not apply solely to leases, and is a...more

Cadwalader, Wickersham & Taft LLP

‘You Can’t Always Get What You Want’ – Exercising an Option

On March 21, 2022, the Court of Special Appeals of Maryland (the “Court”) decided in Peterbilt of Baltimore LLC v. Capitol Gateway Properties, LLC that provisions of an option to purchase (the “Option”) pursuant to the...more

BCLP

10 things you should know about lease agreements in Germany / England & Wales

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German civil law differentiates between residential and commercial leases (Mietvertrag) and leaseholds (Pachtvertrag). Residential or commercial leases are more common than leaseholds: they grant the tenant a right to use the...more

Womble Bond Dickinson

Subtenant Considerations When Subleasing Space

Womble Bond Dickinson on

The COVID-19 pandemic has made many companies reconsider their use of space, and left others unsure of future space plans. Some have turned to subleasing space, to avoid making any long term plans in uncertain times....more

Ruder Ware

Subleasing Poses Up-Front Risks to Landlord and Tenant

Ruder Ware on

Even though the increase in vaccinations and other public health initiatives have resulted in a dramatic reduction in new COVID-19 cases hinting at a possible “return to normal,” recent industry publications are starting to...more

Womble Bond Dickinson

Lease Dispute Series: Covenant of Quiet Enjoyment

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In our last installment of the Lease Dispute Series, we talked about tenant payment of real estate taxes. Today, we’ll talk about the covenant of quiet enjoyment. North Carolina law implies a number of covenants in...more

Nutter McClennen & Fish LLP

Comcast Prevails in Dispute over Interpretation of Commercial Lease

Maynard Industrial Properties Associates Trust (MIPA), a commercial landlord, sued Comcast of Massachusetts III, Inc. (Comcast). The dispute focused on the amount Comcast would owe under an extension of the amended lease....more

Chambliss, Bahner & Stophel, P.C.

Insights for New and Emerging Businesses Leasing in the Pandemic

If you are a new or emerging business owner beginning the process of finding a suitable property to lease, it is important to be critical of the lease provided by the landlord. You should also attempt to negotiate each...more

Rosenberg Martin Greenberg LLP

Office Leasing in a COVID-19/Post-COVID-19 World: Preparing for the "New Normal"

Unlike economic challenges of the past, COVID-19 has immediately and vastly altered the commercial real estate industry on a global scale, and in ways the industry has not previously encountered with the purely economic...more

Best Best & Krieger LLP

Five Takeaways for Commercial Landlords When Tenants File Bankruptcy

COVID-19 Pandemic Likely to Increase Bankruptcy Filings- As the COVID-19 pandemic forces authorities across the country to swiftly react to public health developments and setbacks, the process of reopening businesses to...more

McCarter & English, LLP

Ten Key Leasing Considerations Resulting From The COVID-19 Pandemic

As businesses adjust to the complications presented by the COVID-19 pandemic, landlords and tenants must now take even greater care when entering into leases. Tenants may demand greater flexibility in leases should a public...more

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