Commercial Leases

News & Analysis as of

Real Estate Tip: Enforcing Shopping Center Reciprocal Easement Agreements in a Declining Market

Lord & Taylor signed a Reciprocal Easement Agreement, requiring its landlord to maintain a “first class high fashion regional shopping center.” The REA also required shared access and parking and required Lord & Taylor’s...more

Update: The Consequences of Modifying Pennsylvania's Powers of Attorney Statute Potential Impacts on Commercial Loans & Leases

On April 14, 2015, pending legislation was passed by the Pennsylvania House Judiciary Committee to resolve the current state of flux of confession of judgment provisions and the bill was sent to the Pennsylvania House of...more

Tech Industry Bulletin

In this Issue: - Corporate: Negotiating Strategies for the Sale of Technology Companies - Intellectual Property: Crowdfunding and Confidentiality for Tech Start-Ups - Real Estate: An Introduction to...more

Words Landlords Use Every Day: Standing and Privity

“Standing” is the right to bring a case to court. “Privity” is a legal relationship. A landlord and tenant may have (or may be in) privity of contract because they both agree to certain contractual terms in a lease....more

Tenant Can Terminate Lease if Landlord Can’t Deliver Possession

In a recent Kent County Circuit Court case, the court found that where the landlord could not deliver possession of the property by the date set forth in the lease, the tenant could terminate the lease....more

Challenges for the US retail sector, inside and outside bankruptcy

In recent months, the US has seen a staggering increase in the number of retailers, both large and small, filing for bankruptcy. Among others, Dots, Alco Stores, Radio Shack, Deb Shops, Wet Seal, and Delia’s have each filed...more

The Danger of Contracting with a Tenant for Improvements to Real Property

You’ve completed your work, payment is past due and you’re ready to record a construction lien... then you discover your client is a tenant, not an owner. Your ability to lien may be far more limited under Florida law than...more

Church Property Tax Liability in Arizona for Commercial Leases

Arizona House Bill 2128, which was signed into law by Governor Doug Ducey on March 23, 2015, has potential impact on the commercial real estate leasing market. The bill enables owners of real property that is leased to...more

Upcoming Energy Efficiency Requirements in the Rented Sector

The UK government has set a target to reduce greenhouse gas emissions by at least 80% by 2050, compared to the 1990 baseline. Since energy use in buildings is a major source of UK carbon emissions, improving their energy...more

Dilapidations case law update: Judgement continues recent trend in favour of tenants

Mapeley Acquisition Co (3) Limited (In Receivership) v City of Edinburgh Council [2015] CSOH 29: 24 March 2015 - Introduction - This case, which was heard in the Outer House of the Court of Session by Lord Doherty,...more

The Unexpected Consequences of Modifying Pennsylvania’s Powers of Attorney Statute: Potential Impacts on Commercial Loans & Leases

Confession of judgment provisions in commercial documents remain in a state of flux until legislation pending in the Pennsylvania House Judiciary Committee is approved and enacted. Until such time, we will keep readers...more

Measures to improve energy performance of non-domestic buildings: Scottish implementation timetable announced

Following recent consultation, the Scottish Government has confirmed the timetable for the publication and implementation of regulations to be made under section 63 of the Climate Change (Scotland) Act 2009....more

Terminating a Lease Prior to Bankruptcy: Tricks and Traps

As many commercial landlords can attest based on experience, a tenant that files bankruptcy receives the benefit of rights and protections under the Bankruptcy Code that it would not have outside of bankruptcy. Among other...more

Options and the Right of First Refusal in Commercial Leases

In commercial leases, it is common for the tenant to be given the “option” to continue to lease their premises for a new term commencing immediately upon the expiration of the existing term. Although the option only favors...more

The Importance of Recording a Memorandum of Lease

Most commercial leases contain a prohibition on recording the lease, but generally permit the parties to record a “Memorandum of Lease,” either concurrently with the execution of the lease or upon the request of either party....more

Can a Receiver Reject a Lease like a Bankruptcy Trustee?

QUESTION: I am a receiver for an operating entity. It has three offices. The rent for one of the offices is excessive and the business does not need all the space. I have approached the landlord about giving back some of the...more

Lease Claims: You Snooze, You Lose

In re Sky Ventures, LLC, 523 B.R. 163 (Bankr. D. Minn. 2014) – After a debtor obtained court approval to retroactively reject a lease as of the bankruptcy filing date, the landlord moved to reset the rejection date and for...more

Ticking time bomb in your office lease?

Benjamin Osgood, of the Tenant Advocate, brings up a good point that I've noticed becoming MUCH more of an issue lately -- restoration provisions obligating the tenant to return the space to the condition in which they...more

Important Alert for Commercial Owners/Landlords and Brokers/Agents: Changes to California Dual Agency Disclosure Laws Effective...

Effective January 1, 2015, California law requires real estate brokers and agents to provide their clients and prospective clients with specific new disclosures, including an initial disclosure form regarding the nature of...more

Texas Supreme Court Oral Argument Preview (2/15)

On Thursday, February 26, 2015, the Texas Supreme Court will hear oral arguments in two cases. Note that the Court is doing a road show and hearing these arguments at the University of Texas at Tyler. ...more

A Précis On The American Property Tax System

The hundreds of billions of dollars of commercial real estate owned by foreign companies and individuals in the United States requires active management and oversight. This is so whether the property is triple net leased to...more

N.C. Court of Appeals Applies Common Law Rule Against Perpetuities to Invalidate Lessee's Preemptive Right

Ask almost any lawyer or law student to name the most esoteric concept addressed in law school, and you're more likely than not to hear "The Rule Against Perpetuities". The Rule Against Perpetuities, or the RAP, exists at...more

It’s Snowing (Again!) – What Responsibility Does a Landlord Have for Snow and Ice Removal?

After four major snowstorms have buried much of Massachusetts in more than six feet of snow, and with other areas of the country dealing with storms of their own, landlords nationwide are wondering how responsible they are...more

New Rules On Lease Agreements In The Retail Sector In Italy

A new law in Italy allows the parties to a lease agreement to avoid the onerous statutory provisions law no. 392/78 (the “Tenancy Law”). Effective from 12 November 2014, the parties to a non-residential property lease...more

Concealed carry triggers physician office questions on gun-toting patients

One year ago, Illinois became the last state to enact concealed carry firearm legislation after the Seventh U.S. Court of Appeals stuck down its longtime ban....more

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