Commercial Leases

News & Analysis as of

Lenders Can Prepare for Tenant Offset Rights in SNDAs

Tenants’ limited recourse to their landlords has made “offset rights” a major issue in negotiating Subordination, Non-Disturbance and Attornment Agreements (SNDAs). Tenant offset rights arise when the tenant has the...more

Buyers Beware: Little Known Pittsburgh Building Code Ordinance Can Present Expensive Problems

Commercial property buyers, landlords and tenants should be aware that a little known City of Pittsburgh ordinance requires building owners to conduct periodic inspections of building façade exteriors in the City. Many...more

Special Commercial Lease Considerations for Franchisees

Engaging in preliminary discussions and negotiations with prospective landlords for your new franchised business can be overwhelming. There are a multitude of business and legal issues to consider. It may also be...more

Acquisitions & Sales: Some Key Issues for Sellers

When negotiating a commercial purchase agreement there are several key issues a seller may want to consider, including the following: - Due Diligence – Buyers often want a study period to examine the property, but...more

Mainebiz Real Estate Insider - Lease Rights – Should Landlords Give Tenants the Right to Sublease or Assign Interest?

An issue that creates a great deal of discussion in lease negotiations relates to the right of a tenant to assign or sublease its interest in a lease to an unrelated party. This complex situation opens up several...more

Transfer of Fixed-Term Lease Agreements in a Corporate Acquisition by Way of Asset Deal: Beware the Written Form!

When transferring fixed-term lease agreements by singular succession in an asset deal, parties should ensure the transfer complies with the written form requirement. A recent judgment1 from the German Federal Supreme...more

Administration Rents: Goldacre Overruled

An important recent Court of Appeal decision, Pillar Denton Ltd and others v Jervis and others; re Games Station [2014] EWCA Civ 180, has overruled the controversial “Goldacre Ruling” and significantly changed the law on how...more

Lease Considerations for Franchised Businesses

Franchised businesses pose unique leasing issues that the broker or agent should be aware of at the outset of the representation. The primary difference is that in the franchise context, you will need to satisfy your client,...more

Can Texas Restaurant Owners Deduct The Costs Of Repairs From Lease Rental Payments?

Nearly all restaurant tenants face challenges with their lease at some point. Often these challenges come in the form of needed repairs to the property caused by the landlord’s substandard maintenance of the property. The...more

Why Tenants should require an SNDA or risk some disturbing results.

Introduction. We all know that lease forms are heavily weighted in favor of landlords. Through negotiation, experienced real estate lawyers attempt to lessen the impact on the tenant of some of the more onerous provisions...more

IRS Guidance for Historic Tax Credit Transactions: Partnership Flips and Inverted Leases

The IRS released Revenue Procedure 2014-12 on December 30. It is available below. It addresses the structuring of historic tax credit transactions (i.e., transactions involving rehabilitation tax credits provided for in...more

Frustration of Purpose: A Frustrating Doctrine

Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more

Sandwich Shop Leases - Industry-Targeted Retail Leasing Update

Whether you call them Hoagies, Heroes or Grinders, here are some key lease issues that sandwich shops operators need to think about: - Permitted Use: Your permitted use clause limits what you can do in your premises. ...more

Avoid Damages in Commercial Lease Disputes

Imagine the following: You're a commercial landlord. It's the first of the month and the rent check didn't come. You visit your tenants and the doors are locked. The lights are off. The furniture and equipment are in disorder...more

Passing the Buck: The Impact of Maryland's New Stormwater Fees on Commercial Leases

During its 2012 legislative session, the Maryland General Assembly passed HB 987, a bill which required that the ten separate EPA-licensed storm sewer system (“MS4”) jurisdictions in Maryland (Baltimore City and nine...more

Judgment Against Commercial Landlord Reversed

The Third Court of Appeals has reversed and remanded a lower court’s judgment that a landlord take nothing on his claims for damages under a commercial lease and pay the tenant’s attorney fees....more

GST & Real Property Leases – Implications Of The MBI Case

The Full Federal Court recently handed down its decision in MBI Properties Pty Limited v Commissioner of Taxation [2013] FCAFC 112 ("MBI Case"). The decision supports the view that neither the vendor or purchaser of a...more

Benchmarking Begins for Owners of Large Commercial Buildings in Philadelphia

Last year, we notified you that the city of Philadelphia adopted new energy benchmarking requirements to track and assess energy and water consumption for large commercial buildings. The time has come for owners to comply...more

Lessee: Beware The Automatic Termination Clause

The fellow on the right is after your lease. The result in Cabot Oil & Gas Corporation v. Healey, LP was so bad for the lessee I’m going directly to...more

CIS Legal Update - September 2013: Recent Developments of Russian Court Practice on Lease of Real Estate

The Supreme State Commercial Court of the Russian Federation (the "Supreme State Commercial Court") issued Decree No. 13 (the "Decree") on 25 January 2013 clarifying certain issues relating to lease agreements. The Decree...more

Tenants Beware on Commercial Leases

Commercial leases can be dozens of pages long. It’s easy to miss something critical — such as who’s responsible for HVAC repairs or what the tenant can or cannot do in the space. While there are many consumer protections...more

Recent California Cases Follow Riverisland Decision

In March of this year, we reported on the California Supreme Court decision in Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Assn., which held that a borrower could sue its lender for fraud based on oral...more

Pennsylvania Appeals Court Issues Decision Curtailing Oil and Gas Owners’ Ability to Terminate Their Leases

Forfeiture clauses are common in many legacy oil and gas leases in Pennsylvania and are often relied upon by oil and gas owners/lessors seeking to terminate their leases in order to seek more financially lucrative...more

Sell The Cell Lease Separately (When Selling Real Estate)

When does selling a cell tower lease make sense? In financial terms, it usually doesn't (you can't invest the money and get the same income you're now getting)....more

How Educational Institutions Can Capitalise on Real Estate Assets

With investment pouring into the education sector, academic institutions have never been in a stronger position to capitalise on costly real estate assets to fuel future expansion. Research suggests the public and private...more

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