News & Analysis as of

Risk Management Landlords

DarrowEverett LLP

Tenant Estoppel Certificates: Navigating Risks, Responses and Leverage

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When it comes to the sale or financing of real property, tenant estoppel certificates are not just formalities—they are crucial documents that confirm the status of existing leases. Tenant estoppel certificates offer...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

Tonkon Torp LLP

Legal Lessons from Portland’s Commercial Real Estate Uncertainty

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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

Winstead PC

Structuring Co-Tenancy Clauses: A Collaborative Approach to Risk and Remedy

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

What Agricultural Landowners Need to Know Now About Leases to Minimize Future Risk

According to the USDA – Economic Research Service, there are approximately 911 million acres of farmland in the lower 48 states, with roughly 60% of this farmland owner-operated and 40% of it leased. For tillable cropland...more

Arnall Golden Gregory LLP

Boilerplate is Not Boring: Why Boilerplate Lease Clauses Matter

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

Lowndes

What Landlords and Tenants Need to Know This Hurricane Season - June 2025

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Hurricane season is officially underway, and the National Oceanic and Atmospheric Administration (NOAA) is predicting an above-normal season. Hurricane season runs from June 1 to November 30, and the agency is estimating...more

DarrowEverett LLP

Mitigating Lease Risk: Key Tools for Landlords with Smaller Tenants

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While not all landlords prefer—or are able—to lease their commercial properties exclusively to large, creditworthy “national” tenants, these tenants are attractive due to their strong financial stability. However, what about...more

Woodruff Sawyer

Insurance for Non-Profits: The Crisis Within the Low-Income Housing Crisis

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Homelessness in the United States has reached a critical point. A significant contributor? The lack of affordable housing. No state has an adequate supply of affordable rental housing for the lowest-income renters, as...more

Hogan Lovells

Building Safety Act Hub

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The Building Safety Act 2022 has brought a fundamental shift in the regulation of relevant and higher risk buildings, imposing a swathe of new obligations and processes on those responsible for these buildings, and plenty to...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

Bilzin Sumberg

Key Considerations for Solar Panel Rooftop Leases

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Solar panel rooftop leases have become increasingly popular among real estate owners in Florida, and beyond, as an additional revenue generator for commercial properties, in large part because owners often perceive them as...more

Mayer Brown

Martyn's Law - The Terrorism (Protection of Premises) Act 2025 receives Royal Assent

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BACKGROUND - The bombing of the Manchester Arena in 2017 exposed the lack of readiness of many public venues to deal with terrorist threats.  The Terrorism (Protection of Premises) Act 2024 (the "Act") is, for which the...more

Offit Kurman

Navigating ICE and Law Enforcement: A Guide for Landlords and Property Managers

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As immigration enforcement efforts evolve, landlords and property managers must prepare to respond appropriately when interacting with Immigration and Customs Enforcement (ICE) or other law enforcement agencies. Understanding...more

Tyson & Mendes LLP

California: Key Laws and Regulations to Watch in 2025

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California’s largest insurance reform in over 30 years is being implemented through regulations passed by the Department of Insurance’s Sustainable Insurance Strategy (“SIS”). These changes address insurance availability and...more

Stoel Rives LLP

When Disaster Strikes: Navigating Damage Provisions In Commercial Leases

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Commercial leases are full of provisions that can each have a significant impact on a tenant’s business operations. When negotiating, it may be tempting to focus more on provisions that seem the most critical, and less on...more

Weintraub Tobin

Mitigating Losses When Disaster Strikes: How Casualty Provisions Help Protect Tenants and Landlords

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It has now been just over a month since multiple wildfires erupted throughout the Greater Los Angeles area, bringing widespread devastation to the highly populated area in an event that could end up being the costliest...more

Kilpatrick

DOGE Issues Directive Regarding GSA Leases

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Introduction - The U.S. federal government, through the United States General Services Administration (GSA), is the largest tenant in the country, currently leasing approximately 150 million square feet of office space and...more

Stark & Stark

A BIG LOTS Chapter 11 Lesson: Caution Needed When Doing Business with Chapter 11 Debtors

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Vendors, landlords, and other creditors often feel a sense of security when doing business with Chapter 11 debtors. The Bankruptcy Code, and even court orders entered at the outset of a bankruptcy case, seemingly provide a...more

Husch Blackwell LLP

California Supreme Court Decides Cotenancy Provisions Are Here to Stay

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On December 19, 2024, the Supreme Court of California passed down a unanimous decision in a lawsuit closely watched by commercial real estate landlords and retail tenants that involved the validity of so-called cotenancy...more

Sands Anderson PC

Top 6 Considerations for Landlords Navigating a Purchase or Right of First Refusal Option in Commercial Leases

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When it comes to commercial leases, offering a tenant the chance to purchase the property or exercise a right of first refusal can be an appealing way to sweeten a deal. However, these options come with layers of complexity...more

DarrowEverett LLP

Lease Guarantees: What Landlords Should Know When Negotiating

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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

Holland & Knight LLP

Leasing SCIF Space: Considerations for Landlords and Tenants

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In the post COVID-19 era, the office leasing market has faced significant challenges due to remote work and hybrid models, particularly in non-trophy-class buildings. One healthy exception to the office market struggle is the...more

Husch Blackwell LLP

Essential Resources for California's Commercial Real Estate Landlords and Tenants

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When the damage is finally assessed, the January 2025 wildfires in Southern California will likely be the costliest blaze in U.S. history, and no doubt real estate will comprise a major component of those assessments....more

Holland & Knight LLP

Litigating Commercial Lease Terminations, Part 1 of 2: Landlord's Perspective

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Commercial leases are a critical source of income and financial stability for property owners, but the current evolving economic environment presents many risks. One of the primary concerns is when a tenant falls behind on...more

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