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Commercial Property Owners Rent Rental Property

Jones Day

Shock and Law: UK Government's Surprise Proposal to Ban Upward-Only Rent Reviews

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For years, upward-only rent reviews have been a cornerstone of the UK commercial property market, offering landlords and investors a reassuring degree of income security and predictability....more

Carlton Fields

SB 1103: What California Landlords and Tenants Need to Know

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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

Commercial Property Owners And Sb 1103: New Consumer-Type Protections For “Qualified Commercial Tenants” In Non-Residential...

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On September 30, 2024, Governor Newsom signed into law Senate Bill 1103, an unprecedented legislative measure affecting non-residential landlords’ transactions with a broadly defined class of “qualified commercial tenants.”...more

BCLP

Briefcase 2024 Quarter 4: Key Real Estate Cases and Updates

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Case 1: AP Wireless II (UK) Ltd v On Tower UK Ltd - In a landmark judgment, the Upper Tribunal considers the lease/licence distinction, clarifying exclusive possession, term certain and contractual interpretation in the...more

Weintraub Tobin

Commercial Property Owners, Brokers and Property Managers Beware: California’s Commercial Tenant Protection Act Goes Into Effect...

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California law has long treated commercial and residential tenancies differently. Consumer protection-focused regulations enacted to protect residential tenants were legally considered inapplicable to business tenants which...more

BCLP

The High Street is Feeling the Love… Or Is It?

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It’s “Love your High Street Week”! So, what better way to start the week than to consider two significant legal reforms announced by the government last week, that are intended to boost and revitalise the High Street...more

Goulston & Storrs PC

Part II: Landlord Unable to Evict Despite Tenant Defaults

Goulston & Storrs PC on

Varano v. PDJM Land Tr., LLC, 103 Mass. App. Ct. 1127 (2024) - We last wrote about Varano v. PDJM in our November 2022 issue of Law of the Land. In the first iteration of Varano, the Superior Court held that a commercial...more

Stoel Rives -  Ahead of Schedule

New Limitations on Commercial Leases Within the City of Seattle

On December 12, 2023, Seattle’s former City Council passed Ordinance 126982 in an effort to increase commercial rent affordability for small businesses. The Ordinance, returned unsigned by the Mayor, became law on January 29,...more

Goodwin

Commercial Leasing in Massachusetts: SJC Confirms Enforceability of Accelerated Rent as Liquidated Damages

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On September 25, 2023, the Massachusetts Supreme Judicial Court issued an important decision that affects commercial landlords’ ability to accelerate rent as liquidated damages after a Lessee’s default in Cummings Properties,...more

Akerman LLP

Considerations for Office Landlords and Tenants in a Post-Pandemic Climate

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It's not news that the office buildings in most big cities have been under stress as a result of the pandemic. Due to increases in remote work, when leases roll, many tenants are either not renewing or they are taking less...more

Arnall Golden Gregory LLP

To Terminate or Not to Terminate: Alternative Lease Remedies and When to Use Them

Most commercial real estate leases afford the landlord multiple remedies to address a tenant’s default. Frequently, such remedies are cumulative, as the landlord may pursue concurrent options. However, two of the most common...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

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

Holland & Knight LLP

Accelerated Rent Clauses in Massachusetts Commercial Leases

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Massachusetts' highest court, in its 2007 opinion in Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490, 494 (2007), shocked commercial leasing lawyers by announcing that accelerated rent clauses (i.e.,...more

Katten Muchin Rosenman LLP

Commercial Landlords v. Tenants: Let Battle Recommence

Key Points - - An arbitration scheme for commercial landlords and tenants was introduced during March 2022 under the Commercial Rent (Coronavirus) Act 2022 with the aim of resolving disputes over outstanding rent arrears...more

Miller Starr Regalia

Co-Tenancy Provisions In Retail Leases: Liquidated Damages Or Alternative Performance?

Miller Starr Regalia on

Two cases from different appellate districts in California have come to differ­ent conclusions about the enforceability of co-tenancy provisions. The Fifth District Court of Appeal in Grand Prospect Partners, L.P. v. Ross...more

Miller Canfield

How Michigan's New Assignment of Rents Act Affects Commercial Tenants

Miller Canfield on

The Michigan Uniform Assignment of Rents Act (MUARA) will take effect on September 22, 2022, and has important implications for a tenant's rights. If a tenant's landlord defaults on its loan, to whom must the tenant pay rent,...more

Miller Canfield

When do Secured Lenders Have to Pay for Operating Expenses?

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Secured lenders whose commercial loans are in default often face a serious question: should they allow a commercial property’s expenses to be paid, potentially increasing their losses? Or should they minimize their immediate...more

BCLP

Are you eligible for business rates relief? - seek advice today!

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Business rates relief - Scenario: Since 2019, my business has occupied offices on an out of town business park. I am increasingly troubled by the amount of the rates that we are paying. ...more

Hogan Lovells

Die BGH-Entscheidung ist gefallen …

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Dieser Beitrag kommentiert die jüngste Rechtsprechung des BGH zum Thema pandemiebedingte behördlich angeordnete Betriebsschließungen und deren Auswirkungen auf die Mietzinszahlungspflicht von Gewerbemietern....more

BCLP

Landlord’s duty to mitigate after tenant default

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A recent Hong Kong Court of First Instance judgment, in Foxhill Investments Ltd v Sino Golden International Group Holdings Ltd [2021] HKCFI 3662 (HCA 2938/2018, 15 December 2021), clarifies the scope of the obligation of the...more

Hogan Lovells

Mündliche Verhandlung des BGH zur Störung der Geschäftsgrundlage (§ 313 Abs. 1 BGB)

Hogan Lovells on

Zusammenfassung der bisher ergangenen Rechtsprechung zu § 313 Abs. 1 BGB Es wird spannend… anstehende mündliche Verhandlung des BGH zur Störung der Geschäftsgrundlage (§ 313 Abs. 1 BGB) im Zusammenhang mit der Covid-19...more

Katten Muchin Rosenman LLP

Five Commercial Real Estate Trends to Watch in the Wake of Covid-19

It’s been a whirlwind 20 months for commercial real estate (CRE), which, like so many other areas, was hit particularly hard by COVID-19. According to a recent report, the pandemic created the worst recession the office...more

Latham & Watkins LLP

COVID-19 Commercial Rent Arrears: UK Government Publishes Draft Arbitration Rules

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The rules provide an arbitration procedure to determine the amount of affordable rent arrears for a commercial tenant where landlord and tenant have been unable to reach a consensual agreement. On 9 November 2021, the UK...more

BCLP

The new Commercial Rent (Coronavirus) Bill and Code of Practice

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The government has introduced the Commercial Rent (Coronavirus) Bill in Parliament to attempt to streamline and accelerate the resolution of the billions of pounds of rent arrears that have accrued during the Covid 19...more

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