News & Analysis as of

Risk Mitigation Commercial Leases

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

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

Weintraub Tobin

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

Weintraub Tobin on

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

Holland & Knight LLP

Tips for the Retail Leasing Lawyer to Minimize Environmental Liability Risk

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Retail leasing attorneys face particular challenges when it comes to managing environmental liability, in large part because of the misconception that prospective commercial tenants cannot be held legally responsible for...more

Benesch

Trailer Manufacturing, Leasing, Interchange Liability

Benesch on

The trucking industry recently received 450 million reasons to pay closer attention to best practices for trailer safety and the business relationships involving trailer use. On September 5, 2024, plaintiffs suing trailer...more

Mandelbaum Barrett PC

Real Estate Spotlight On: Financing Ground Leases

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What is a ground lease? A ground lease is a long-term agreement where a ground tenant leases land from a landowner and has the right to develop and use that land during the lease period. Typically, the ground tenant owns any...more

Holland & Knight LLP

What to Consider When Buying Real Estate Promissory Notes

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Recent headlines have revealed distress in the real estate market, which may lead to opportunities for investors willing to take a bit of risk. There are many examples all over the country of groups with debt looking for...more

Latham & Watkins LLP

“Ki(c)k“ boxing between tenants and landlords on rent payment obligations during Covid-related business closures continues even...

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This week, the Federal Court of Justice (BGH) issued its eagerly awaited judgment on rent payment obligations during COVID-related business closures. The judgment eases, at least in part, landlords and tenants’ uncertainty...more

Royer Cooper Cohen Braunfeld LLC

The Do’s and Don’ts of Leasing Medical Marijuana Dispensaries in Pennsylvania

Nearly five years ago, Pennsylvania Governor Tom Wolf signed into law Pennsylvania’s Medical Marijuana Act (Act 16). Since that time, the Pennsylvania Department of Health (DOH), the agency responsible for issuing licenses...more

Shutts & Bowen LLP

How Big Changes Coming to Flood Insurance Will Affect Commercial Property in Florida

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The Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program (NFIP). The NFIP offers insurance coverage for physical losses to buildings and/or contents caused by a flood. Over the years,...more

Morgan Lewis

Top Questions for Retailers in the United Kingdom Amid COVID-19

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Key questions and issues facing the UK retail sector, an industry that has been acutely impacted by the coronavirus (COVID-19) pandemic, include mitigation strategies, reopening in line with government guidance, and future...more

Rosenberg Martin Greenberg LLP

Co-Tenancy Clauses in a COVD-19/Post-COVID-19 World: Preparing for the "New Normal"

Co-Tenancy clauses have historically been included mainly in leases for mall and shopping center tenants (i.e., retail centers with big-box tenants, such as Dick’s Sporting Goods).  While the landscape for retail shopping...more

White & Case LLP

Extraordinary Moratorium and Other Measures in the Czech Republic

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Analysts expect that GDP will plummet as a consequence of the restrictions on economic activities imposed as a consequence of the COVID-19 pandemic, and that the global economy, and with it the Czech economy, will slow down...more

Rivkin Radler LLP

Landlords: Take These Steps Now to Preserve Your Income

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Local, state and federal governments have taken unprecedented measures to control the spread of coronavirus (COVID-19), measures that will negatively impact the real estate industry in the state. Last week, New York Governor...more

Sheppard Mullin Richter & Hampton LLP

Commercial Real Estate Tips of the Week: Practical Answers from Sheppard Mullin’s Coronavirus Task Force

Well, it’s been quite a week for all of us! Our national real estate team has compiled the top COVID-19 questions we received from our clients. The following is a summary of our guidance and suggested action items: Q: A...more

Williams Mullen

[Event] Negotiate This: What Tenants Should Focus on in Lease Negotiations - November 7th, Virginia Beach, VA

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A five-part seminar series that will provide Hampton Roads businesses with ideas on how they can be more profitable and reduce risk in 2020. This presentation will highlight the key provisions that tenants should negotiate...more

Gray Reed

Commercial Lease Assignments: A Tale Of Two Leases And Landlord’s Right To Recapture

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An Overview of Assignment Rights - Commercial leases typically contain standard protections for landlords that may be potential pitfalls for tenants seeking to assign or transfer interests in a lease. A lease recapture...more

Steptoe & Johnson PLLC

Ten Key Issues in Addressed Lease Agreements for Companies

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Equipment leasing presents a company with an opportunity to acquire the use of equipment without using its own cash or its bank line of credit. An understanding of the unique features of equipment lease contracts should help...more

Troutman Pepper Locke

Commercial Evictions: Mitigation in Commercial Lease Defaults

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When negotiating a commercial lease, one party or both parties often raise the issue of mitigation, generally meaning to make less severe. In the commercial lease context, it is most often discussed in the defaults and...more

Polsinelli

Surviving the Retail Shift: Part 2 of a 5 Part Series – A Landlord’s Duty to Mitigate its Damages

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In Part I of this five part series, we addressed managing the legal process to help commercial landlords achieve the most efficient results when dealing with defaulting retail tenant. But, what happens once the shopping...more

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