Popular, Commercial Leases

Understanding the Statutory Cap on Landlord Claims for Rejected Leases in Bankruptcy

Mintz on 7/28/2025

The number of corporate bankruptcy filings has increased significantly over the past several years. In 2024, there were 688 chapter 11 filings by private companies with either assets or liabilities greater than $2 million or...more

Avianca: Second Court Adopts "Billing Date" Approach to Timely Performance of Unexpired Commercial Personal Property Leases in...

Jones Day on 7/23/2025

In 1984 and 1994, Congress amended the Bankruptcy Code to add protections for commercial real property and equipment lessors. Those provisions—sections 365(d)(3) and section 365(d)(5), respectively—generally require a...more

New Tenant Protections for Small Businesses and Nonprofits in California

Brownstein Hyatt Farber Schreck on 10/23/2024

Beginning Jan. 1, 2025, California commercial property owners will have to contend with new (and expanded) tenant protections for any small business or nonprofit that is a “qualified commercial tenant” under SB 1103. More...more

The Double Default Rule in Real Estate Transactions

Bennett Jones LLP on 7/18/2024

"We're ready, willing and able to close. Are you?" These are familiar words to those who buy and sell real estate. They embody the notion that, on the time appointed for the closing of the transaction, a party is ready to...more

Key Issues When Navigating A Tenant's Bankruptcy

Proskauer Rose LLP on 1/11/2024

Recently, two significant distressed companies with thousands of commercial leases, Rite Aid Corp. and WeWork Inc., each filed Chapter 11 bankruptcy cases, seeking in part to rationalize their geographic footprints through...more

So You Want to Rent To A Cannabis Tenant? Nine Considerations for Retail Landlords

Husch Blackwell LLP on 11/7/2022

The United States’ retail cannabis industry continues exploding, and it doesn’t show any signs of slowing down. These numbers are guaranteed to change after this Tuesday’s election, but as of October 2022, 37 states have...more

10 Commercial Real Estate Market Trends & Predictions to Watch Out for in 2023

Allen Matkins on 10/4/2022

The annual Allen Matkins View From the Top brings together the top real estate economists, owners, investors, developers, and brokers in Western Region commercial real estate. Now in its 15th year, View From the Top remains a...more

Incorporating Environmental Sustainability Concepts into Commercial Real Estate Leases

Husch Blackwell LLP on 3/28/2022

Recently, there has been an uptick in Environmental, Social, and Governance (“ESG”) factors being considered and incorporated into commercial real estate transactions. As the focus on mitigating climate change has risen, the...more

Business Interruption and the Impact on Real Estate

JAMS on 8/26/2021

COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous...more

Groundbreaking News - Spring 2021

Pullman & Comley, LLC on 5/21/2021

Welcome to Pullman & Comley's Real Estate Newsletter, Groundbreaking News. Written by our team of attorneys, you'll find articles that highlight hot topics and developments spanning the fields of real estate, land use and...more

What’s Next for U.K. Commercial Real Estate?

Faegre Drinker Biddle & Reath LLP on 1/29/2021

2021 is already off to a surreal start, but it has nonetheless been coined a “completely new beginning” for the real estate sector as businesses look to turn the page on 2020 and confront the realities of a market that has...more

Court takes hard line on late rent payment into court registry during COVID-19

Shutts & Bowen LLP on 12/2/2020

Under a particular Florida statute, in a commercial eviction, where there is a court order requiring the tenant to pay rent into the court registry during the lawsuit and the tenant fails to pay, the tenant is considered to...more

Federal Government Announces Canada Emergency Rent Subsidy

Bennett Jones LLP on 10/26/2020

On October 9, 2020, the Government of Canada announced the Canada Emergency Rent Subsidy (CERS) program for eligible organizations. CERS will replace the Canada Emergency Commercial Rent Assistance (CECRA) program which...more

Comcast Prevails in Dispute over Interpretation of Commercial Lease

Nutter McClennen & Fish LLP on 9/21/2020

Maynard Industrial Properties Associates Trust (MIPA), a commercial landlord, sued Comcast of Massachusetts III, Inc. (Comcast). The dispute focused on the amount Comcast would owe under an extension of the amended lease....more

lululemon’s Motion to Dismiss Eviction Case Denied

Nutter McClennen & Fish LLP on 9/2/2020

In CWB Retail Limited Partnership v. Lululemon USA, Inc., lululemon moved to dismiss a summary-process action brought by its landlord, CWB Retail Limited Partnership. CWB sought to evict lululemon after CWB sent three notices...more

BCLP Retail Insight: The Week That Was Vol. 5

BCLP on 8/21/2020

This week the BCLP Retail Team discuss the future of turnover rents following the COVID-19 crisis, reflect on the Government’s Eat Out to Help Out scheme, and consider the future footprint of department stores. We also share...more

New York Tenant Safe Harbor Act Extends COVID-Related Eviction Protections For Residential Tenants

Morrison & Foerster LLP on 7/6/2020

On June 30, 2020, New York Governor Andrew Cuomo signed into law the New York Tenant Safe Harbor Act (the “Act”). The Act (S.8192B (Hoylman)/A.10290B (Dinowitz)), sponsored by New York State Senators Brad Hoylman and Liz...more

U.S. COVID-19: California Senators Attempt to Provide Some Relief for Commercial Tenants: Senate Bill 939 Includes a Commercial...

BCLP on 6/9/2020

In California, commercial landlords and tenants, as well as their investors and lenders, are paying close attention to Senate Bill 939 (“SB 939”). SB 939, which was introduced by Senators Scott Wiener and Lena Gonzalez on...more

California Senate Bill 939 Includes Significant Protections for Commercial Tenants Impacted by the COVID-19 Pandemic: Eviction...

Seyfarth Shaw LLP on 6/3/2020

Seyfarth Synopsis: On May 22, 2020, the California Senate’s Judiciary Committee voted to approve an amended version of Senate Bill 939 Emergencies: COVID-19: Commercial Tenancies: Evictions (“SB 939”)....more

COVID-19: Government of Canada Announces Newly Proposed Canada Emergency Commercial Rent Assistance Program

Miller Canfield on 4/22/2020

Further to our most recent newsletter, the Prime Minister announced on April 16, 2020, that the Government of Canada has: ..Expanded the Canada Emergency Business Account (CEBA) to businesses that paid between $20,000 and...more

COVID-19: Force Majeure in Lease Documents

Miles & Stockbridge P.C. on 3/19/2020

Commercial landlords and tenants are encouraged to closely review their lease documents to determine (1) whether, and to what extent, the COVID-19 events, declarations and restrictions qualify as a force majeure performance...more

How Does the Coronavirus Pandemic Affect Your Lease Obligations?

Farrell Fritz, P.C. on 3/17/2020

Are you a commercial tenant? Has the coronavirus pandemic prompted you to consider temporarily closing your physical location? Does your lease have a “continuous operations” provision?...more

Blockchain and the Future of Commercial Real Estate Transactions

Miles & Stockbridge P.C. on 11/7/2019

Blockchain, once known primarily as the distributed ledger technology that powered bitcoin into the public conscious, is increasingly seen as a tool to facilitate efficient execution of business transactions and projects. ...more

Ohio Supreme Court rejects bondholders suit against trustee for compensation of losses

Bricker Graydon LLP on 9/10/2019

In its opinion in Paul Cheatham I.R.A v. The Huntington National Bank, issued on August 22, 2019, the Ohio Supreme Court held that, absent an express assignment of claims, purchasers of distressed bonds do not have a right to...more

Recent U.S. Postal Service Board of Contract Appeals Decision Sheds New Light on “Holdover” Damages Available to Government...

Pillsbury Winthrop Shaw Pittman LLP on 6/11/2019

For many years, lessors of space to the federal government have struggled with the remedies available to them when the government continues to occupy the space after the expiration of the lease. Such “holdover” tenancies...more

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