From Rent to Rights: Building a Solid Lease Abstract
Point-of-Sale Finance Series: Unpacking Leases and RTO Models — The Consumer Finance Podcast
Law School Toolbox Podcast Episode 512: Listen and Learn -- Landlord/Tenant Law (Part 2) - Assignments and Subletting
REFRESH Real Estate Leasing Tips for Nonprofits
Key Lease Work Letter Issues When the Landlord Is Doing the Work
Real Estate Leasing Tips for Nonprofits
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Effective Lease Negotiations for Healthcare Practices
ASC 842: Private Companies On The Clock After Delay
Lease Negotiations – Interview with Jeff Moerdler, Member, Mintz Levin
Taking it Seriously: Unusual Lease Violations in Virginia
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 recent years, ground leases have gained popularity as an alternative for developers, offering more flexibility and leaner launch costs than traditional fee ownership of vacant land, pad sites, storefronts, or other...more
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
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
California Governor Gavin Newsom signed the Commercial Tenant Protection Act (SB 1103) into law on September 30, 2024, in what supporters billed as first-in-the-nation commercial tenant protections to safeguard the smallest...more
When purchasing a veterinary practice, one of the key considerations is the real estate where the practice operates. If the buyer does not intend to purchase the property itself, they will need to either assume the existing...more
Welcome to the latest edition of Overriding Interest. Inside this issue: - New Joiners - Articles of Interest - Events - Case Reports...more
In evaluating the feasibility and profitability of a potential investment, it’s crucial for a prudent buyer to conduct a comprehensive review of all property leases. Such an examination allows the buyer to verify the...more
Every spring, usually on the first weekend of good weather, I rush to the local nursery and spend what feels like a week’s worth of wages on new plants, soil, fertilizer, and irrigation lines. I can’t wait to get the...more
Justice Ignazio ("Nace") John Ruvolo once observed that the "Illegality of contracts constitutes a vast, confusing and rather mysterious area of the law." McIntosh v. Mills, 121 Cal. App. 4th 333, 344 (2004). One confusing...more
German civil law differentiates between residential and commercial leases (Mietvertrag) and leaseholds (Pachtvertrag). Residential or commercial leases are more common than leaseholds: they grant the tenant a right to use the...more
The Consolidated Appropriations Act of 2021 (Public Law 116-260) (the Act) contains an important change in bankruptcy law beneficial to landlords of nonresidential properties. Among several amendments to the Bankruptcy Code...more
As commercial real estate deal flow has significantly decreased due to the novel coronavirus/COVID-19, there is no better time than the present for sellers of commercial real estate to plan in advance for the successful sale...more
In this challenging and rapidly changing environment, real estate players are dealing with the effects of COVID-19 on real property operations in real time. As they make decisions at an accelerated pace, they should bear in...more
A new infographic released by Cushman & Wakefield looks at the past 10 years of commercial real estate growth in Portland. With so much demand for office space from the multiple industries fueling our region's growth, I’m not...more
Similar to a marriage, in which two parties come together to enter into a legally binding agreement, a commercial lease symbolizes a forged relationship between parties that can be enduring and rewarding, or short-sighted and...more
You think that you have found the perfect space – but have you done your due diligence? Entering into a lease is one of the most significant financial commitments for most businesses and one of the most important decisions a...more
On January 3, 2017, the United States Government Accountability Office (GAO) delivered a report to Congress recommending that the General Services Administration (GSA) inform tenant agencies when leasing high-security space...more
A Florida landlord recently learned that “self-help” is not allowed for evicting a tenant, even if the parties’ lease says it is. In Palm Beach Florida Hotel and Office Building Limited Partnership v. Nantucket...more
It’s bad enough having to call your real estate litigator. But it’s worse when he or she tells you that your lease is missing some critical provision that would help you in your current dispute. Every commercial lease is...more
In negotiating an office lease, business owners should be sure to negotiate a potentially-valuable, tenant-friendly option that landlords often grant: one or more renewal options of the lease. Under a renewal option of a...more
Say you decide to open a chicken restaurant selling your secret family recipe chicken. You find the perfect location, sign the lease, move in, and open for business. Sales are brisk when a few weeks later you see a...more
A commercial landlord sought relief from the automatic stay so that it could complete prepetition eviction proceedings against the debtor. The debtor objected, arguing that it had a right to assume the lease. The case turned...more
Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more
In This Issue: - Sharia compliant financing of commercial real estate - Introduction - Real estate as an asset class - Sharia compliance issues that particularly affect commercial real estate...more