News & Analysis as of

Commercial Leases

Iris House Provides Valuable Reminder to Landlords About Non-Profit Renters

Recently, the Supreme Court, Appellate Term, First Department, handed down a decision affirming the lower court in 2363 ACP Pineapple, LLC v. Iris House, Inc, 2017 NY Slip op 27047. As the attorney on this case, Michael D....more

Free Parking, Yes, But No Stark Law Claim

by Ruder Ware on

A federal court recently dealt a victory to a health care provider over whistleblower allegations that free parking and valet service at a medical office building violated the Stark Law and the Anti-Kickback Statute....more

Plain Language Prevails in Ohio: Oil and Gas Lease Remains Valid despite Failure to Pay Minimum Royalty Amount

by Blank Rome LLP on

Action Item: Oil and gas companies with leases in Ohio should review their lease language whenever challenged by a lessor as to lease validity. That language likely will determine the success of any claim. Ohio oil and gas...more

Landlords, Vendors, and Trade Creditors Beware: Protecting Your Interests During A Retail Meltdown

by Miles & Stockbridge P.C. on

As cautioned in my recently co-authored article, “The Future Isn’t Promising for Retailers”, that appeared in the Baltimore Business Journal on March 10, 2017, the retail sector may be primed to see numerous more going out of...more

Nieuwe financiële regels voor VVE’s (Dutch)

by Dentons on

It was already in the air, but in the meantime, the bill on improving the functioning of association of owners has also been adopted by the First Chamber. These new rules will be finalized on January 1, 2018. The bill will in...more

Let op bij een erfdienstbaarheid met een zelfstandige actieve verplichting (Dutch)

by Dentons on

Recently, Den Bosch has ruled on an inheritance service with an active obligation. In the present case, X was the owner of a business complex, consisting of several business premises (premises 1, 2 and 3) with associated...more

The Real Estate Law Review - Chambers Global Practice Guide

by DLA Piper on

The Danish real Estate market has been divided in two since the gradual bursting of the Danish real Estate bubble, which started in 2007 and culminated following the credit crunch. While transactions activity in the major...more

Private Wealth - Chambers Global Practice Guide

by DLA Piper on

Since 2012, the transaction and building activity in the major cities of Denmark has been steadily increasing, and in 2016 this activity rose to the record levels seen before the financial crisis. Prices have also reached...more

Client Alert: Florida’s Sales Tax Reduction Requires Commercial Lease Parties to Recalculate Their Rent Schedules

Florida is one of the only states in the country that levies a tax on commercial leases, and is the only state to do so in any comprehensive manner. Governor Rick Scott and the Florida legislature have been attempting to...more

Real News - Spring 2017

by DLA Piper on

The use of drones across all sectors is increasing. Accountancy rm, PwC estimates that the emerging global market for business services using drones is valued at over USD 127 billion and the biggest slice of that market is...more

EU Retail News - May 2017

by Bryan Cave on

Fashion is all about making the old new again, and the well-established concept of a joint venture as a mechanism to extend a brand’s global reach is currently on trend explains Carol Osborne. What is new about the latest...more

Law à la Mode: Special Edition - INTA 2017

by DLA Piper on

The Belgian editorial team is delighted to bring you this special edition of Law a` la Mode, marking the 139th INTA Annual Meeting in Barcelona. Just some of the focuses for this special edition include the dangers of...more

Eviction Immediately After Foreclosure?

Lenders who foreclose and take ownership of security property via credit bid at the foreclosure sale often confront a tenant whose lease has been extinguished, but who would rather not vacate the property....more

Government’s Termination of Lease Pursuant to its Terms is Not a “Taking”

by Nossaman LLP on

Public agencies own significant amounts of property throughout California and the United States. Sometimes, those properties are not being put to a public use, and the government acts as a landlord, leasing out property to...more

How to Negotiate a Lease to Protect Your Business: Top 10 Tips for Retail Tenants

by Williams Mullen on

Below is a key list of 10 tips that retail tenants should consider when negotiating their commercial lease agreements. Hire a Broker - Other than consulting an attorney, hiring a knowledgeable commercial real estate...more

Client Alert: Unable to Open For Business After Its Permit Was Denied, Tenant Nonetheless Ordered to Pay Entire Accelerated Lease...

It’s a tale as old as time. Tenant falls in love when it finds the perfect space to rent for its business. Instantly smitten, tenant takes a solemn vow and signs a long-term lease with landlord. But alas, the government...more

Arizona appellate court takes the high road and enforces a commercial lease to operate a medical marijuana dispensary

by Thompson Coburn LLP on

In a case of first impression in Arizona, the Court of Appeals in Green Cross Medical, Inc. v. Gally (April 18, 2017) held that a lease to operate a medical marijuana dispensary was not void from its inception, either under...more

West Coast Real Estate Update - May 2017 - #2

by Holland & Knight LLP on

Federal Court Upholds Termination of Navy Lease Bid Due to Environmental Concerns - In Open Spirit, LLC v. United States, No. 15-370C (Fed. Cl. filed April 28, 2017), the U.S. Court of Federal Claims upheld the...more

Is a lease always just a lease?

by Shutts & Bowen LLP on

For one Miami-Dade County shopping center owner, the answer is now yes, but only after a ruling from Florida’s Third District Court of Appeal in Garcia v. Dadeland Station Associates, Ltd. In 2015 that owner found itself...more

Landlord Rights and Responsibilities in Commercial Tenant Bankruptcies

Landlords beware: You may not be able to rely on all the remedies found in your lease if your tenant files bankruptcy. For example, the bankruptcy section of your lease may provide that the tenant filing a bankruptcy petition...more

In Self-Renewing Lease, Tenant Has Burden of Proving Timely Termination

by Pierce Atwood LLP on

In a case of interest to commercial landlords and tenants, the Massachusetts Appeals Court recently ruled that where a commercial lease is self-renewing but can be terminated on six-months’ notice to the other side, the party...more

The Trend Toward Greater Integration Of Foodservice Operators In Retail Real Estate

by Cole Schotz on

The International Council of Shopping Centers (ICSC) recently released an interesting report prepared in collaboration with Jones Lange LaSalle (JLL) entitled The Successful Integration of Food & Beverage Within Retail Real...more

Oil And Gas Update For Week Ending 5/5/2017 – Attacks On Class Arbitration For Royalty Litigation In PA, TX Supremes Block Lease...

by Cozen O'Connor on

Oil prices based on the Brent Crude and West Texas Intermediate indices dropped significantly since our last report while natural gas spot prices rose slightly. The national rig count remains steadily climbing except that...more

Kmart Bankruptcy, Part Deux

It’s no secret that Kmart is facing another liquidity crisis. Just over ten years after Sears rescued the discount retailer from bankruptcy in 2006, the pioneer of the “blue light special” is destined for another, and...more

Australia Adds Indemnities and Limitations of Liability

by Jones Day on

Recent amendments to the Australian Securities and Investments Commission Act 2010 (Cth) ("ASIC Act") and the Competition and Consumer Law Act (Cth) ("CC Act") extended the unfair contract terms regime, which previously...more

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