News & Analysis as of

Landlords Commercial Tenants Commercial Real Estate Contracts

Miller & Martin PLLC

5 Provisions to Carefully Negotiate as a Tenant in a Commercial Lease

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Lease agreements define the relationship between landlords and tenants. Whether you are a savvy business owner or a first-time tenant, a thoughtfully negotiated lease agreement is crucial to avoid negative impacts on your...more

Lowndes

Franchise Riders in Retail Leases: What You Need to Know as a Landlord

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Understanding Franchise Riders: Purpose, Content, and Potential Conflicts - When a franchisee signs a retail commercial lease to operate a franchised business, the franchisor may require a Franchise Rider, a document that...more

Lowndes

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

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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

Tucker Arensberg, P.C.

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

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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

Adams & Reese

Reconnaissance is Key – A Veteran Business Owner’s Guide on Commercial Leases

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Veteran business owners: whether you are setting up shop in an office building or in a retail strip mall, your commercial lease is a critical piece of your company’s mission. Just like a well-defined business plan, a clear...more

DarrowEverett LLP

Commercial Tenant Improvements: Key Considerations for Lease Negotiations

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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

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

Miller Starr Regalia

A Contract Drafting Conundrum: Can A Real Property License Agreement Disclaim A Landlord-Tenant Relationship While Retaining The...

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A landowner desiring to enter into a license agreement for the use of real property must take care to ensure that the license agreement does not contain terms that inadvertently waive the landowner’s right to recover the...more

Katten Muchin Rosenman LLP

Gotta Have [good] Faith

This advisory discusses the recent case law developments on the express duty of "good faith" in English law and what they may mean within the context of commercial real estate....more

Dorsey & Whitney LLP

Post-Pandemic Update on Commercial Evictions in Minnesota

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In August 2020, we circulated an article addressing COVID-19’s Impact on Commercial Evictions and Landlord-Tenant Relations in Minnesota. Nearly three years later, much has changed and it’s time for an update....more

Bowditch & Dewey

Silicon Valley Bank Closure Impact on Lease Security

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The impact of the California Department of Financial Protection and Innovation taking possession of Silicon Valley Bank (SVB) and appointing the Federal Deposit Insurance Corporation as receiver for SVB is receiving thorough...more

A&O Shearman

Tenant Security Deposit or Unsecured Loan? State Law Disparity Leads to Forfeiture

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Last month, Judge Caproni of the Southern District of New York issued a ruling stating that if a commercial lease does not require a landlord to hold a security deposit in trust and if there is no state statute generally...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

BCLP

Briefcase: Quarterly Real Estate Update - Cases and News - September 2021

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Briefcase: Quarterly Real Estate Update - Cases and News including: ..The Royal Parks Limited and the Secretary of State for Digital, Culture, Media and Sport v Bluebird Boats Limited ..Monsolar IQ Ltd v Woden Park...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

Farella Braun + Martel LLP

[Webinar] Returning to the Office: Legal and Practical Considerations for Keeping Your Team Safe - May 11th, 10:00 am - 11:00 am...

COVID-19 shelter-in-place mandates caused employers to close their locations or significantly reduce operations, leaving many commercial buildings empty. As state and local COVID-19 restrictions are being lifted, building...more

Hogan Lovells

§ 313 BGB and governmental Corona measures - “Course Correction” for commercial leases

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With our blog post of December 14, 2020, we had already pointed out the corresponding legislative initiative. In record time, two new provisions on commercial leases (excluding residential leases) were subsequently adopted on...more

Miles & Stockbridge P.C.

Federal Consolidated Appropriations Act Alters Commercial Landlord Rights Under Bankruptcy Code

The Consolidated Appropriations Act of 2021 (CAA) was signed into law on December 27, 2020, after receiving overwhelming bipartisan support. The Act, in addition to providing appropriations for various government departments,...more

McDermott Will & Schulte

COVID-19 – FAQ for Landlords and Tenants in Germany

A number of important questions arise for landlords and tenants following last week’s approval by the German Federal Council of certain planned changes in tenancy and insolvency law as part of the COVID-19 pandemic package of...more

Bass, Berry & Sims PLC

Impact of COVID-19 on the Restaurant & Hospitality Industry

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The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations,...more

White & Case LLP

The impact of COVID-19 on lease agreements in Germany – practical considerations

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COVID-19 is currently affecting all areas of (economic) life. Many businesses are being forced to reduce costs due to a decrease or a loss of turnover and may not be able to pay their rents any longer. For both landlords and...more

International Lawyers Network

Buying and Selling Real Estate in England, Wales, and North Ireland

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in particular in...more

Ward and Smith, P.A.

Who Gets What When a Real Property Lease Terminates?

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Who gets what when a lease of real property is over? This is a question that can be problematic for both landlords and tenants. If the tenant installed additional improvements or made alterations to the premises, will...more

Goulston & Storrs PC

A Case of Caution: the Effect of Redevelopment on Existing Mall Leases

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In a follow up to our other posts regarding the White Flint Mall redevelopment, the jury has reached a verdict. Until recently, White Flint Mall in Bethesda, Maryland was a prime example of retail mall success. However, as...more

Jaburg Wilk

Special Commercial Lease Considerations for Franchisees

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Engaging in preliminary discussions and negotiations with prospective landlords for your new franchised business can be overwhelming. There are a multitude of business and legal issues to consider. It may also be...more

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