Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases
There are many different reasons a business may need a new office lease, including the upcoming expiration of its current lease, the desire to increase or decrease the size of its existing space, or the need to relocate or...more
Commercial tenancies may be extinguished by a liquidator appointed to a landlord company by exercising the statutory right under the Corporations Act 2001 (Cth) to disclaim certain property....more
There are so many things to consider when buying a restaurant that we decided to break that list down to just seven issues. If you only look at these issues, you should avoid most of the big hazards when you buy your next...more
In this issue: - The Green Deal - Impact on Commercial Real Estate - High Value Residential Property Tax - Announcements and Events - Transaction Profile - Focus on Henderson Global Investors...more
Two new landlord disclosure requirements become effective in California on July 1, 2013. One requires that all new commercial leases state whether the property has been inspected for disability access—and if so, the results....more
Landlords use lease assignment provisions to maintain control over the quality, composition, and financial capability of their tenants. However, assignment provisions can have a chilling effect on a corporate tenant’s...more
As of July 1, 2013, California Civil Code §1938 will require all commercial leases to state whether the premises have been inspected by a “Certified Access Specialist” (“CASp”) and, if so, whether the premises has or has not...more
A recent statute and set of regulations will shortly begin to impose new disclosure requirements on commercial landlords, property sellers, and borrowers in California for leases, purchases, and financings entered into on or...more
In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;...more
On July, 1, 2013, Civil Code Section 1938 goes into effect and requires commercial leases executed on and after such date to disclose whether the premises being leased have been inspected by a Certified Access Specialist, and...more
Recent EPA guidance imposes new environmental due diligence and compliance requirements on prospective commercial and industrial tenants. The guidance purports to clarify an exemption from liability, but actually confirms...more
If a tenant defaults on their obligations under a commercial lease, a landlord may wish to pursue a remedy. There are two types of tenant defaults – monetary or non-monetary. The type of default will determine the landlord’s...more
In a recent case, the Georgia Court of Appeals reaffirmed that, in most instances, a contractor’s or materialmen’s lien may only be asserted against “whatever interest his employer had in the property at the time the work was...more
The California legislature and the San Francisco Board of Supervisors recently enacted separate laws imposing on landlords disclosure requirements relating to accessibility on commercial properties. In addition, the San...more
Many commercial leases provide that other than a tenant’s own trade fixtures and merchandise, pretty well everything else that the tenant installs in the premises is considered to be a leasehold improvement. Moreover, all...more
Pursuant to California Civil Code Section 1938, each lease or rental agreement for commercial property executed on or after July 1, 2013 must state whether the property being leased or rented has undergone inspection by a...more
Chapter 38 of the San Francisco Administrative Code imposes new requirements on commercial leasing activities (both new leases and amendments of existing leases) in San Francisco where the leased premises contain 7,500 square...more
There is little case law under the North Carolina Securities Act. But last week, in NNN Durham Office Portfolio 1, LLC v. Highwoods Realty Limited Partnership, 2013 NCBC 12, Judge Gale took several steps into that uncharted...more
Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more
Startups, small tenants and non-profits can successfully negotiate several key leasing issues that materially improves the terms of their office space leases. By Peter Pokorny, Real Estate Counselors, PLLC. ...more
In AGBL Enterprises, LLC v. Girlcook, Inc., 96 So. 3d 1058 (Fla. 4th DCA 2012), AGBL Enterprises (“Lessor”) leased a commercial building in a shopping plaza to be used as a full service restaurant to Girlcook (“Lessee”). The...more
When signing a commercial lease, it is essential to understand and agree to all of the provisions. The provisions in a commercial lease are usually designed to favor the landlord; however, a landlord may be willing to...more
Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The...more
By 2013, most property owners have heard of the advantages of performing environmental due diligence and conducting “All Appropriate Inquiry” by obtaining an Environmental Site Assessment before purchase. Doing so is key to...more
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