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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

K&L Gates LLP

Contaminated Land in Western Australia: A Timely Reminder That Leases Must Comprehensively Address Land Contamination

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A Protracted History - In April 2025, Justice Musikanth of the WA Supreme Court delivered his judgment in Henderson v Contaminated Sites Committee [2025] WASC 123 (Henderson)....more

Lowndes

Common Area Maintenance and Operating Expenses in Commercial Leases: What Should and Should Not Be Included?

Lowndes on

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

Parker Poe Adams & Bernstein LLP

Workers' Compensation Exclusivity Does Not Prevent Claims Against Employer's Officers as Landlords

For employers, workers' compensation laws act as both a sword and a shield. While injured employees do not have to prove negligence resulting in the injury, they cannot sue the employer for personal injury outside of the...more

Holland & Knight LLP

Leasehold Title Insurance: Is It Worth the Investment?

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When it comes to real estate, almost every purchaser acquires an owner's title insurance policy. But what about tenants? Not every tenant opts for a leasehold title insurance policy, and deciding whether to pursue one...more

Bennett Jones LLP

A Landlord’s Response and Duty to Mitigate Following a Tenant’s Repudiation of Lease

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Lessons from Centurion Apartment Properties v Piquancy Enterprises - In November 2024, the British Columbia Court of Appeal (BCCA) released its decision in Centurion Apartment Properties (Scott Road 1) Inc v Piquancy...more

Bennett Jones LLP

The Hotel Management Agreement: What, Why and How?

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With the global downturn in certain asset class valuations, hotels are experiencing something of a renaissance and have re-emerged as a preferred asset class. With challenges in all but the best in class and transit-oriented...more

Carlton Fields

SB 1103: What California Landlords and Tenants Need to Know

Carlton Fields on

Senate Bill 1103, which took effect on January 1, 2025, amends sections 827, 1632, 1946.1, and 1950.9 of the California Civil Code. This legislation grants new lease protections to “qualified commercial tenants.”...more

Miller Starr Regalia

JCCrandall, LLC V. County Of Santa Barbara: Will A Dispute Over The Use Of An Easement Send The Concept Of Legal Cannabis...

Miller Starr Regalia on

Cannabis is a multi-billion-dollar industry in California. For many years now, cannabis businesses have operated pursuant to state law, obtaining licenses and permits and entering into contracts to carry out cultivation,...more

Weintraub Tobin

Mitigating Losses When Disaster Strikes: How Casualty Provisions Help Protect Tenants and Landlords

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It has now been just over a month since multiple wildfires erupted throughout the Greater Los Angeles area, bringing widespread devastation to the highly populated area in an event that could end up being the costliest...more

Bennett Jones LLP

End Game: How a Sublease Can Survive Beyond its Head Lease

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In the world of commercial leasing, the relationship between landlords and tenants and, by extension, subtenants, is at the heart of the leasing arrangement. But what happens when arrangements change and relationships shift?...more

Kilpatrick

DOGE Issues Directive Regarding GSA Leases

Kilpatrick on

Introduction - The U.S. federal government, through the United States General Services Administration (GSA), is the largest tenant in the country, currently leasing approximately 150 million square feet of office space and...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

Holland & Knight LLP

GSA Lease Terminations: Lessors' Rights and Responsibilities

Holland & Knight LLP on

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

Cadwalader, Wickersham & Taft LLP

Contracts Clause Rears Its Powerful Head for a Landlord

In a recent case, 513 West 26th Realty LLC v. George Billis Galleries Inc., a New York Supreme Court addressed whether the COVID-era personal guaranty relief statute (the Guaranty Law) violated the Contracts Clause of the...more

DarrowEverett LLP

Lease Guarantees: What Landlords Should Know When Negotiating

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While landlords prefer tenants with the strongest financial positions to sign leases, they may sometimes accept a “shell” entity — created solely to operate the business at the leased premises — provided that an upper-tier...more

Holland & Knight LLP

New Jersey Expands Real Property Owners' Flood Notification Obligations

Holland & Knight LLP on

New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),...more

Genova Burns LLC

New Jersey’s New Flood Risk Information Law Goes Into Effect: Penalties for Nondisclosures In Sales and Leases (both Commercial...

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Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. ...more

Ballard Spahr LLP

Five Things Every Office Building Owner (and Its Lender) Should Consider

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The drumbeat of the challenges facing almost every corner of the office building market should be loud and clear to owners and lenders. For some, the current situation is dire, while for others it will likely worsen in the...more

International Lawyers Network

Buying and Selling Real Estate in Portugal (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I.INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east. In addition to...more

International Lawyers Network

Buying and Selling Real Estate in Portugal (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I. INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east. In addition to...more

Allen Matkins

Tactics to Avoid Unanticipated Post-Closing Leasing Costs

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Potential buyers and lenders evaluate existing leases of stabilized properties and anticipated lease income of value-add projects in determining which assets to acquire or finance. Rental income, whether existing or...more

Bricker Graydon LLP

[Webinar] Buy, Sell or Lease - Real Estate Primer for School Districts (Pre-K to 12) - March 11th, 12:00 pm ET

Bricker Graydon LLP on

Join Bricker attorneys Amy Bartemes, Nicole Donovsky and Shannon Martin for a discussion on the real estate issues facing school districts, and the various tools available to address those issues....more

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