News & Analysis as of

Commercial Leases Tenants Real Estate Transactions

Stikeman Elliott LLP

The Superior Court Rules on the Obligation in a Deed of Sale to Honour Existing Leases as an Exception to Article 1887 C.C.Q. And...

Stikeman Elliott LLP on

Introduction - In Fontaine v. B2GD Société immobilière Inc. (2025 QCCS 1023), the Superior Court issued an innovative ruling on the effect of a clause in a deed of sale requiring the purchaser to honour existing leases...more

DarrowEverett LLP

Tenant Estoppel Certificates: Navigating Risks, Responses and Leverage

DarrowEverett LLP on

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

Tonkon Torp LLP on

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

K&L Gates LLP

Upwards-Only Rent Reviews to be Banned in New Commercial Leases

K&L Gates LLP on

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

Weintraub Tobin

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

Weintraub Tobin on

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

Stikeman Elliott LLP

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

Stikeman Elliott LLP on

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

Law School Toolbox

Law School Toolbox Podcast Episode 512: Listen and Learn -- Landlord/Tenant Law (Part 2) - Assignments and Subletting

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! This is the second part of our discussion on landlord/tenant law. In this episode, we focus on the differences between lease assignment and subletting. In this episode we...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

Hogan Lovells

UK Real Estate: An end to upwards-only rent reviews?

Hogan Lovells on

On 10 July 2025, the UK Government published its “English Devolution and Community Empowerment Bill”, saying it aimed to let local people “take the reins in driving growth”. But tucked away in a 338 page Bill dealing...more

K&L Gates LLP

Interim Statement on ‘54 Act Reform

K&L Gates LLP on

Summary - The Law Commission has issued an interim statement on the reform of the Landlord and Tenant Act 1954 (the Act). Its initial consultation addressed the “contracting-out” model, types of tenancy and duration of...more

K&L Gates LLP

Overriding Interest Summer 2025

K&L Gates LLP on

THE LAW COMMISSION CONSULTATION PAPER: BUSINESS TENANCIES AND THE RIGHT TO RENEW - On 19 November 2024, the Law Commission published its first consultation paper considering whether a tenant’s right to renew a business...more

Frost Brown Todd

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

Frost Brown Todd on

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

Tucker Arensberg, P.C.

Structuring Right of First Refusal Clauses: Dos and Don’ts to Avoid Legal Landmines

Tucker Arensberg, P.C. on

A Right of First Refusal (ROFR) Clause is an optional clause that may be included in certain commercial leases which grants a tenant the first right to buy the property should the owner decide to sell....more

Greenberg Glusker LLP

California Supreme Court Affirms Alternative-Performance Cotenancy Clauses in Retail Leases

Greenberg Glusker LLP on

The California Supreme Court upheld a shopping center cotenancy provision, which allowed the tenant to pay reduced rent if the center’s occupancy fell below a certain threshold, finding the lease provision was an enforceable...more

Arnall Golden Gregory LLP

Boilerplate is Not Boring: Why Boilerplate Lease Clauses Matter

You’re familiar with the boilerplate provisions, often under “Miscellaneous” at the end of a lease. Despite their B-side placement within the lease, these clauses can contain key lease terms. From integration and force...more

Stikeman Elliott LLP

Abus de droit contractuel lors de la renégociation des baux commerciaux : La Cour supérieure se prononce sur les offres...

Stikeman Elliott LLP on

A translation of this post will be available soon. Dans la décision Grains Boivins inc. c. Élevages St-Georges inc. (2025 QCCS 25), datée du 10 janvier 2025, la Cour supérieure a rendu une décision rappelant que le...more

Frost Brown Todd

Sale-Leaseback Due Diligence Considerations

Frost Brown Todd on

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

Hogan Lovells

Green Leasing in the US

Hogan Lovells on

Green lease provisions are being added with increasing frequency in U.S. leases, especially in lease forms of larger and more sophisticated owners. For example, major owners of industrial spaces throughout the U.S....more

Perkins Coie

California Supreme Court Upholds Reduced Rent Remedies in Cotenancy Clauses

Perkins Coie on

Key Takeaways - - In JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC, the Supreme Court of California upheld the validity of a cotenancy provision in a retail lease, affirming that in certain instances where clauses are drafted...more

Bennett Jones LLP

Tenant Due Diligence Essentials in British Columbia

Bennett Jones LLP on

Corporate and property searches are an essential starting point for tenant due diligence when negotiating a commercial lease. Due diligence search results can provide tenants with a clearer picture of the property, the...more

Offit Kurman

Eviction Essentials and Lease Management

Offit Kurman on

In this episode of Litigators Lounge, hosts Anders Sleight and Niall McMillan discuss the current challenges in the commercial real estate market. They explore essential steps for landlords and property managers to protect...more

Mayer Brown

Ask Not for Whom the Bell (Didn’t) Toll: Landlord’s Possession Claim Under Redevelopment Ground (F) Did Not Chime With the County...

Mayer Brown on

INTRODUCTION - A county court case - Spirit Pub Company v Pridewell Properties - has provided an interesting illustration as to how courts are looking at applications under the Landlord & Tenant Act 1954 (the “Act”).   It...more

Allen Matkins

What is the outlook for the office sector right now?

Allen Matkins on

“The 'flight to quality' continues. Office building landlords with space available in upscale buildings (with state-of-the-art amenities) located in hot submarkets are very active right now. Most companies have realized...more

Epstein Becker & Green

Green Commercial Leases

Green leases are emerging as a key component of commercial leasing, as both landlords and tenants in different industries place an increasing emphasis on sustainability and environmental impact....more

Holland & Knight LLP

Leasehold Title Insurance: Is It Worth the Investment?

Holland & Knight LLP on

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

53 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide