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Tenants

Stikeman Elliott LLP

The Superior Court Rules on the Obligation in a Deed of Sale to Honour Existing Leases as an Exception to Article 1887 C.C.Q. And...

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Introduction - In Fontaine v. B2GD Société immobilière Inc. (2025 QCCS 1023), the Superior Court issued an innovative ruling on the effect of a clause in a deed of sale requiring the purchaser to honour existing leases...more

Jackson Lewis P.C.

NYC Limits Housing Discrimination Based on Criminal Background: Is ‘Criminal History’ History?

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Housing providers are required to comply with the New York City Fair Chance Housing Act, Local Law 24, which prohibits discrimination toward prospective and current housing occupants based on criminal history, if they choose...more

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

Poyner Spruill LLP

The Importance of SNDAs and Estoppel Certificates

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Whenever a lender is making a commercial real estate loan secured by property which has been leased to one or more tenants, a lender will typically require a Subordination, Non-Disturbance and Attornment Agreement (SNDA).  An...more

Allen Matkins

Retail’s Flight to Quality

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With investors expressing optimism, the retail sector is steady or improving across California. Residential-serving retail is a key bright spot, with specialty stores and restaurants potentially entering a new growth cycle,...more

Kohrman Jackson & Krantz LLP

Ohio Court Upholds Landlord’s Right to Accelerated Rent Without Mitigation in Commercial Lease

In another significant win for commercial landlords, an Ohio Court of Appeals recently affirmed the enforceability of a lease provision allowing a landlord to recover accelerated rent without any duty to mitigate damages. In...more

Miller & Martin PLLC

5 Provisions to Carefully Negotiate as a Tenant in a Commercial Lease

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Lease agreements define the relationship between landlords and tenants. Whether you are a savvy business owner or a first-time tenant, a thoughtfully negotiated lease agreement is crucial to avoid negative impacts on your...more

Herbert Smith Freehills Kramer

Crossing Jurisdictions - Dealing With Tenant Insolvency in the European and US Commercial Real Estate Markets

The global commercial real estate market paints a varied picture, with certain jurisdictions and sectors recovering quicker than others from the COVID-19 pandemic and continuing geopolitical uncertainty. Higher interest rates...more

Rivkin Radler LLP

July 2025 New York Insurance Coverage Law Update

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A pedestrian tripped and fell on a public sidewalk in front of a multi-unit premises owned by 1995-2003 Jerome Avenue. The injured claimant filed a bodily injury action against Jerome Avenue and Pawnit Jerome Corp., a lessee...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

Holland & Knight LLP

Florida HB 7031 Becomes Effective Oct. 1, 2025

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In a major win for Florida's commercial real estate market, Gov. Ron DeSantis signed Florida House Bill (HB) 7031, eliminating both the State Business Rent Tax and County Surtax on commercial leases effective Oct. 1, 2025....more

Mintz

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

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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

Mayer Brown

A Bolt From the Blue: Upwards - Only Rent Reviews to Be Outlawed

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INTRODUCTION - Just as we were winding down for the summer, the commercial property industry was shocked by the announcement that the government has unexpectedly decided to seek to ban upwards only rent reviews (“UORR”)....more

K&L Gates LLP

Upwards-Only Rent Reviews to be Banned in New Commercial Leases

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Summary - As part of the English Devolution and Community Empowerment Bill (the Bill), the Government has announced plans to ban upwards-only rent reviews in new commercial leases in England (English Devolution and Community...more

Jones Day

Shock and Law: UK Government's Surprise Proposal to Ban Upward-Only Rent Reviews

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For years, upward-only rent reviews have been a cornerstone of the UK commercial property market, offering landlords and investors a reassuring degree of income security and predictability....more

Weintraub Tobin

CRE Alert: California Case Law Changes Requirements for Three-Day Notices

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The recent California appellate court decision Eshagian v. Cepeda has added a new requirement to the already detailed rules surrounding Three-Day Notices—documents landlords must serve before initiating eviction proceedings....more

Sheppard Mullin Richter & Hampton LLP

California SB-1103: What Landlords Need to Know About New Rights for Small Business Tenants

California’s Commercial Tenant Protection Act (SB-1103) took effect on January 1, 2025. Conceived as a transparency and displacement prevention measure for small businesses, the new law creates tenant protections for small...more

Chambliss, Bahner & Stophel, P.C.

Shared Living Arrangements for Individuals With Disabilities

Shared living arrangements offer an alternative to institutional living, providing individuals with disabilities a sense of community integration, independence, and tailored support through living with roommates and arranged...more

Stikeman Elliott LLP

Abuse of Contractual Right When Renegotiating a Commercial Lease: the Superior Court Rules on Unreasonable Offers by Landlord

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In Grains Boivins inc. v. Élevages St-Georges inc. (2025 QCCS 25), a decision dated January 10, 2025, the Superior Court handed down a decision reminding landlords that they must negotiate with tenants in good faith when...more

Law School Toolbox

Law School Toolbox Podcast Episode 512: Listen and Learn -- Landlord/Tenant Law (Part 2) - Assignments and Subletting

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Welcome back to the Law School Toolbox podcast! This is the second part of our discussion on landlord/tenant law. In this episode, we focus on the differences between lease assignment and subletting. In this episode we...more

Lowndes

Common Area Maintenance and Operating Expenses in Commercial Leases: What Should and Should Not Be Included?

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In commercial leases, "operating expenses" (often referred to as OPEX, CAM or Common Area Maintenance) generally cover the costs associated with the daily operation, maintenance, and repair of the property. In addition to...more

Ballard Spahr LLP

District of Columbia TOPA Reform Alert

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When District of Columbia Council Chairman Phil Mendelson introduced the Rebalancing Expectations for Neighbors, Tenants and Landlords (RENTAL) Act, there were high hopes that much needed reform to the Tenant Opportunity to...more

BCLP

Unpicking the Government’s Bill to Ban Upwards Only Rent Reviews

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The Government (through Deputy PM Angela Rayner) introduced the English Devolution and Community Empowerment Bill into the Commons on 10 July. Amongst other matters the Bill seeks to reignite a Labour policy last seen at the...more

Hogan Lovells

UK Real Estate: An end to upwards-only rent reviews?

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On 10 July 2025, the UK Government published its “English Devolution and Community Empowerment Bill”, saying it aimed to let local people “take the reins in driving growth”. But tucked away in a 338 page Bill dealing...more

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