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Contract Terms Landlords Commercial Bankruptcy

Stark & Stark

4 Lease Auction Tips for Landlords

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During a retail bankruptcy, commercial landlords often face challenges when their tenants try to maximize the value of the bankrupt estate by holding lease auctions. Despite lease provisions that may restrict or prohibit a...more

Holland & Knight LLP

Retail Reboot: Common Mistakes to Avoid When Evicting Tenants

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When managing commercial real estate, landlords must navigate a complex array of legal, financial and operational challenges to protect their investments and ensure smooth tenant relationships. However, a series of common...more

Rivkin Radler LLP

Landlord Considerations When Navigating Personal Guarantees in Bankruptcy

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When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee...more

Stoel Rives LLP

What Landlords Should Know When Restaurant Tenants Go Under

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As anyone who has watched FX’s The Bear knows, running a restaurant is hard work. When restaurants occupying leased commercial space fail, commercial landlords need a gameplan to protect their interests. Some key...more

Hogan Lovells

Hotel contracts - Deferred or suspended rent due to Corona

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Does the owner bear the risk in case of bankruptcy? Due to the tense situation in the hotel industry, various lessees are currently approaching their lessors asking for deferral or abatement of rent payments for the...more

Goulston & Storrs PC

Court Partially Excuses Tenant’s Rent Obligations During COVID Shutdown

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In the social and economic fallout from COVID, businesses are assessing how best to address their commercial relationships, especially where potentially insurmountable barriers to performance loom large. One clause that...more

Gould + Ratner LLP

5 Things You Need to Know About the Recent Illinois Ruling on Force Majeure and COVID-19

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The first reported substantive ruling by a judge sitting in Illinois on the legal implications of whether COVID-19 and the resulting governmental shelter-in-place orders relieve a tenant’s obligation to pay rent pursuant to a...more

Lowenstein Sandler LLP

Sears (MOAC v. Transform): Landlord May Rest (Adequately) Assured of ‘Similar’ Financial Condition and Operating Performance, But...

A recent decision from the United States District Court for the Southern District of New York (the District Court) in the bankruptcy cases of Sears Holdings Corp. may loom large in a day and age when shopping mall operators...more

Moritt Hock & Hamroff LLP

New Hurdles For Landlords Seeking To Evict Commercial & Residential Tenants Under New York’s Stability and Tenant Protection Act...

On June 14, 2019, Governor Andrew Cuomo signed into law the Housing Stability and Tenant Protection Act of 2019 (“HSTPA”), which amounts to extensive reform of prior regulations governing rent stabilization and rent control...more

Neal, Gerber & Eisenberg LLP

Landlord Rights and Responsibilities in Commercial Tenant Bankruptcies

Landlords beware: You may not be able to rely on all the remedies found in your lease if your tenant files bankruptcy. For example, the bankruptcy section of your lease may provide that the tenant filing a bankruptcy petition...more

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