News & Analysis as of

State and Local Government Commercial Leases

Lowndes

Location, Location, Location… Site Selection Issues for Tenants

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We all know the old adage favored by real estate brokers… “location, location, location.” While more frequently used in the context of residential real estate, it is equally applicable in the commercial real estate market...more

Miles & Stockbridge P.C.

Breaking Down the Proposed Federal Real Estate Shakeup

While there have been previous efforts to reduce the federal government’s real estate footprint, the scope and speed with which the Trump administration proposes to reduce that footprint is unprecedented....more

BCLP

State Specific Requirements for Wind and Solar Project Land Contracts - March 2025

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Although wind and solar project development in the U.S. experienced record-breaking sales in recent years, headwinds are anticipated to increase. Several challenges continue to delay deployment, such as lack of sufficient of...more

Miller Starr Regalia

JCCrandall, LLC V. County Of Santa Barbara: Will A Dispute Over The Use Of An Easement Send The Concept Of Legal Cannabis...

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Cannabis is a multi-billion-dollar industry in California. For many years now, cannabis businesses have operated pursuant to state law, obtaining licenses and permits and entering into contracts to carry out cultivation,...more

Lowndes

Governor DeSantis Aims to Eliminate Florida Commercial Rent Sales Tax by 2027

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As part of the proposed $115.6 billion state budget for fiscal year 2025-26, Governor DeSantis has outlined a plan to eliminate Florida's longstanding commercial rent sales tax. This proposal continues Florida's tax reduction...more

Allen Matkins

What California Landlords Need to Know about Senate Bill 1103

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Senate Bill 1103 (also known as the Commercial Tenant Protection Act) (SB 1103) introduces substantive changes affecting commercial leasing practices in California. Signed into law by Governor Newsom on September 30, 2024,...more

Burr & Forman

Important Update: Florida Sales Tax Reduction on Commercial Leases

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As of June 1, 2024, the State of Florida reduced the state sales tax rate on commercial real property lease payments from 4.5% to 2%. All commercial leases with an occupancy period that started on or after June 1, 2024 will...more

DarrowEverett LLP

What Florida Sales Tax Cut Means for Florida Commercial Tenants

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Broadly speaking, according to the Florida Department of Revenue, each Florida sale, amusement park admission, storage unit and rental is taxable (unless it falls under an exemption, such as nonprofits). More specifically,...more

Ballard Spahr LLP

Five Things Every Office Building Owner (and Its Lender) Should Consider

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The drumbeat of the challenges facing almost every corner of the office building market should be loud and clear to owners and lenders. For some, the current situation is dire, while for others it will likely worsen in the...more

Shutts & Bowen LLP

Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies

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Have you ever heard the strange term “pith of the lease”?  This odd designation, apparently unique to Florida law, describes improvements to commercial tenancies that are essential or “vital to the lease’s perpetuality.” ...more

Allen Matkins

Life Sciences Real Estate Update - 7.18.23

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California was, by January 1, 2023, home to nearly 470,000 jobs that generated $413.7 billion in total business output in 2022, according to Biocom California’s 2023 Economic Impact Report. This represents a nearly 8 percent...more

Tarter Krinsky & Drogin LLP

New York City’s “Guaranty Law” is Held to be Unconstitutional and Unenforceable

In a highly-anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York ruled on March 31, 2023, in Melendez v. City of New York, that New York City's Guaranty Law is...more

Cozen O'Connor

Broad Street Brief: High-Profile Democrats Visit Philadelphia as Midterms Draw Closer; New Trends In Urban, Suburban Real Estate

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President Biden, Vice President Harris Visit Philadelphia to Support Pennsylvania Democrats; Presidents Biden, Obama to Visit (Again) This Saturday....more

Stark & Stark

Philadelphia’s Commercial Activity License

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Companies that do business in the City of Philadelphia are required to obtain a Commercial Activity License from the City’s Department of Licenses and Inspections (L&I). While there are some exceptions, your company will...more

Miller Canfield

How Michigan's New Assignment of Rents Act Affects Commercial Tenants

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The Michigan Uniform Assignment of Rents Act (MUARA) will take effect on September 22, 2022, and has important implications for a tenant's rights. If a tenant's landlord defaults on its loan, to whom must the tenant pay rent,...more

Sands Anderson PC

Reasons Why a Real Estate Transaction with a Local Government May Take So Long

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When an Industrial Development Authority, sometimes called an Economic Development Authority (IDA/EDA), purchases or sells real property, the transactions look much like any transaction with any other entity landowner....more

Harris Beach Murtha PLLC

Recent Updates Affecting the Retail, Restaurant & Hospitality Industry

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Marijuana and Zoning: Lack of Guidance Creates Unknowns…  On June 22, 2021, Governor Lamont signed Senate Bill 1201 into law. The bill, entitled “An Act Concerning Responsible and Equitable Regulation of Adult-Use...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

Perkins Coie

San Francisco Board of Supervisors Enacts a New Commercial Eviction Moratorium Ordinance - Update #2

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On December 1, 2020, the San Francisco Board of Supervisors unanimously approved a commercial eviction moratorium ordinance (the Board Ordinance), which Board Ordinance came into effect on January 11, 2021. When the Board...more

Lowndes

Property Buyer Beware: Avoid Costly Tax Liabilities with a Sales Tax Clearance Letter

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Florida imposes sales tax on rent payable under commercial leases. The rate imposed by the state is 5.5%, but local governments have the right to impose a surtax which varies based on the jurisdiction....more

Lowndes

New Florida Law Expected to Significantly Reduce Florida’s Commercial Lease Sales Tax Rate

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On April 19, 2021, Florida Governor Ron DeSantis signed into law Senate Bill 50 (SB 50), which amends portions of Chapter 212, Florida Statutes. SB 50 is slated to significantly reduce Florida’s commercial leasing sales tax...more

Lowndes

Hillsborough County Commercial Lease Sales Tax Rate Reduced by Recent Florida Supreme Court Decision

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A recent Florida Supreme Court decision found that the Hillsborough County 1% transportation sales surtax is unconstitutional. As a result, the decision reduced the sales tax rate on commercial lease payments in Hillsborough...more

Best Best & Krieger LLP

Calif. Cities Can Still Impose Commercial Eviction Moratoriums

Executive Order Extends Authorization - Many local governments took a collective sigh of relief when California Gov. Gavin Newsom signed Executive Order N-03-21, extending local authorization to impose commercial eviction...more

Morrison & Foerster LLP

New York State Passes Legislation To Extend Eviction And Foreclosure Relief For Small Business Commercial Properties

On March 9, 2021, New York Governor Andrew Cuomo signed into law the New York State COVID-19 Emergency Protect Our Small Businesses Act of 2021 (S471A/A3207) (the “Act”). After a full year of commercial tenants and commercial...more

Blank Rome LLP

New Jersey Eases Restrictions on Commercial Evictions

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In response to the COVID-19 pandemic, in March 2020 the New Jersey Courts postponed all commercial landlord/tenant trials and barred the issuance of Writs of Possession arising out of Final Judgments in Foreclosure in...more

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