News & Analysis as of

Commercial Leases Leases Commercial Real Estate Market

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

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

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

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

Mandelbaum Barrett PC

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

Mandelbaum Barrett PC on

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

Dickinson Wright

Leveraging Tenant Estoppel Certificates in Commercial Real Estate Deals

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In evaluating the feasibility and profitability of a potential investment, it’s crucial for a prudent buyer to conduct a comprehensive review of all property leases. Such an examination allows the buyer to verify the...more

Weintraub Tobin

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

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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

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

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

Allen Matkins

Consolidated Appropriations Act Provides Bankruptcy Preference Liability Protections for Landlords

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The Consolidated Appropriations Act of 2021 (Public Law 116-260) (the Act) contains an important change in bankruptcy law beneficial to landlords of nonresidential properties. Among several amendments to the Bankruptcy Code...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

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

Ward and Smith, P.A.

A Perfect Union: Creating Landlord-Tenant Agreements for Commercial Leases

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Similar to a marriage, in which two parties come together to enter into a legally binding agreement, a commercial lease symbolizes a forged relationship between parties that can be enduring and rewarding, or short-sighted and...more

K&L Gates LLP

Don't Get Stitched

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You think that you have found the perfect space – but have you done your due diligence? Entering into a lease is one of the most significant financial commitments for most businesses and one of the most important decisions a...more

Shutts & Bowen LLP

Don’t lock out your tenant, even if the lease says so

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A Florida landlord recently learned that “self-help” is not allowed for evicting a tenant, even if the parties’ lease says it is. In Palm Beach Florida Hotel and Office Building Limited Partnership v. Nantucket...more

Shutts & Bowen LLP

Top 10 provisions your litigator wants in your commercial lease

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It’s bad enough having to call your real estate litigator. But it’s worse when he or she tells you that your lease is missing some critical provision that would help you in your current dispute. Every commercial lease is...more

PilieroMazza PLLC

Negotiating the Renewal Option of Your Office Lease

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In negotiating an office lease, business owners should be sure to negotiate a potentially-valuable, tenant-friendly option that landlords often grant: one or more renewal options of the lease. Under a renewal option of a...more

Polsinelli

Don't Get Your Feathers Ruffled: The Value of Exclusivity Provisions in Real Estate Agreements

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Say you decide to open a chicken restaurant selling your secret family recipe chicken. You find the perfect location, sign the lease, move in, and open for business. Sales are brisk when a few weeks later you see a...more

Troutman Pepper

Lease Termination: Do You Really Mean It?

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A commercial landlord sought relief from the automatic stay so that it could complete prepetition eviction proceedings against the debtor. The debtor objected, arguing that it had a right to assume the lease. The case turned...more

Snell & Wilmer

Frustration of Purpose: A Frustrating Doctrine

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Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more

K&L Gates LLP

Overriding Interest - Spring 2013

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In this issue: - The Green Deal - Impact on Commercial Real Estate - High Value Residential Property Tax - Announcements and Events - Transaction Profile - Focus on Henderson Global Investors ...more

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