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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
In the ever-morphing world of Retail Leasing, co-tenancy clauses often become the focus of negotiation—and a frequent flashpoint of disputes. Designed to protect tenants from being left vulnerable when shopping centers lose...more
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
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
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
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
If the tenant and/or its tenant estoppel is important, consider asking them to alert you immediately if they have concerns about meeting response obligations. Your pending refinance or sale may go smoother if you are in...more
A significant inducement in many new leases and lease renewals is landlord funding and/or constructing improvements that customize the leased premises to the needs of the tenant’s business. The allocation of cost for these...more
In 2177 23rd Avenue Holdings v. Pival International inc. (2025 QCCA 19) dated January 9, 2025, the Quebec Court of Appeal rendered an enlightening decision on the obligation of a landlord to negotiate the terms and conditions...more
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
The good-guy guaranty is a commonly used form of security in the field of commercial leasing. Despite appearing straightforward, the fundamentals of a good-guy guaranty are often misunderstood by landlords, tenants and...more
Clients often request that their counsel focus lease negotiations exclusively on those terms most likely to have the most significant impact on economics and the long-term relationship with the counterparty. This request...more
As leases get more complicated and less standardized, and with properties rarely conforming from one to another, there are two documents that can hasten the successful negotiation process and achieve a document that can best...more
In our ongoing series of blog posts, we examine key negotiating points for tenants in triple net health care leases. We also offer suggestions for certain lease provisions that will protect tenants from overreaching and...more
In Part I of this series, we discussed how COVID-19 had impacted almost every provision of a commercial lease, including the covenant of quiet enjoyment, continuous use provisions and force majeure clauses, among others....more
New York courts are resuming some operations, but eviction proceedings, including for violations of commercial leases, are still suspended. However, those contracts — and the obligations they created — still exist. ...more
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
A lease is the first foray into real estate for many young entrepreneurs. With the exception of the dorm occupancy contract in college, and possibly a residential apartment lease in graduate school, most entrepreneurs have...more
Commercial tenants sometimes bargain for “free rent” periods from landlords as part of the lease negotiation process, and both tenants and landlords may view free rent periods as a “concession” by the landlord in lease...more
For companies looking to expand into new markets or change locations within the same market, there is always the looming question of whether to engage a commercial real estate broker to help navigate the market or to go it...more
In Cogdill v. Sylva Supply Company, Inc., filed May 7, 2019, the North Carolina Court of Appeals held in a split decision and as a matter of first impression that a right of first refusal contained in a written lease...more
An Overview of Assignment Rights - Commercial leases typically contain standard protections for landlords that may be potential pitfalls for tenants seeking to assign or transfer interests in a lease. A lease recapture...more
When negotiating a commercial lease, one party or both parties often raise the issue of mitigation, generally meaning to make less severe. In the commercial lease context, it is most often discussed in the defaults and...more
To sophisticated landlords and property managers, co-tenancy provisions contained in commercial leases are routine and (relatively) unexciting. Unfortunately—and perhaps as a result—such clauses are often overlooked. ...more