Commercial Leases

News & Analysis as of

Maryland offshore wind sites auctioned

The U.S. Bureau of Ocean Energy Management has sold the rights to lease sites for offshore wind projects in federal waters off Maryland to US Wind Inc. for $8.7 million....more

Office Leasing and Airline Reservations

I have been doing a lot of flying recently. So I thought I would address a question I usually get asked: “Why are office leases so long, even for a short-term lease?” Companies usually equate a long lease with high legal...more

Is there a Statute of Limitations on the Term of a Lease a Receiver can Execute?

QUESTION: I am a receiver for a shopping center. I want to enter into a five year lease for one of the stores. Is there a statute or rule that limits the term of leases a receiver can execute?...more

Beyond the Rent Roll – Retail Lease Agreements

Commercial mortgage lenders of non-owner occupied property need to be adept at reviewing leases to protect themselves from risk. Although the rent roll is a useful tool, some lenders learned during the economic downturn that...more

Colorado Supreme Court Revisits Rule Against Perpetuities

In March of this year, the Colorado Supreme Court revisited a fundamental doctrine of property law, which it described as “long cherished by law school professors and dreaded by most law students: the infamous rule against...more

CO2 Separation Anxiety—Is the cost of separating CO2 from casinghead gas a “production” or “post-production” cost for purposes of...

In a recent decision, the Supreme Court of Texas concluded that the cost of removing carbon dioxide (“CO2”) from casinghead gas after completing enhanced oil recovery operations is a “post-production” cost, thus clarifying...more

Bankruptcy Sales and Leases: “Free And Clear” May Not Be So “Free And Clear”

In approving the sale of a Chapter 11 debtor’s assets, a bankruptcy court found that a tenant of the debtor was entitled to continue in possession of the leased portion of the sold property for the remainder of its lease. ...more

Raising Loan-to-Value with a Credit Tenant Lease

As the commercial real estate debt market continues to rise, owners and developers are becoming aware of an alternative to more traditional financing products – credit tenant lease finance. In some instances, credit tenant...more

New Jersey Supreme Court affirms award of bid that deviates from proposal

The New Jersey Supreme Court has affirmed a state agency’s decision to award a contract to the lowest bidder even though the bid did not comply with the scope-of-work requirements of a request for proposal. Matthew J....more

A Landlord's Guide to Landlord's Waivers: Five Potential Pitfalls For Landlords to Consider

Tenants, in the course of obtaining financing, often ask their Landlords to sign a Landlord’s Waiver. Landlord’s Waivers are intercreditor agreements for the benefit of the tenant’s lender or equipment lessor, stipulating the...more

Some Days, A Stay Is Easier to Obtain Than Others

In A&F Enterprises v. IHOP Franchising LLC, 742 F.3d 764 (Seventh Cir. 2014), Chapter 11 debtors appealed a determination that their building leases were deemed rejected because they were not timely assumed. Both the...more

Rent Constant Pricing in Build-to-Suit Transactions

A build-to-suit (BTS) project often puts the corporate real estate department in a challenging position. The project must conform to an approved budget, while also facing a very tight schedule with a series of milestones that...more

Market Focus - Office Leasing: DC Office Landlords provide Greater Lease Concessions

MARKET CONDITIONS IN THE DC METRO AREA continue to favor tenants. Vacancy rates continue to rise due to more Class A office space coming online and decreased demand by the federal government for leased space as a result of...more

BLM Agrees to Complete Hydraulic Fracturing EIS for Leases in California

A recent agreement between environmentalists and the Bureau of Land Management (BLM) may open the floodgates to challenges of the sufficiency of Environmental Assessments (EA) or Environmental Impact Statements (EIS) for oil...more

Mainebiz Real Estate Insider – Avoid Common Traps of Commercial Subleases

If you are a subtenant, many practical questions exist such as who will change the light bulbs, who will plow the driveway, and who is in charge if the HVAC doesn’t work or if there are other problems in the subleased...more

‘When Do I Get My Space?’ A Brief Tenant Improvements Guide for Tenants

You’ve had enough of building tours, negotiating lease terms, conference calls and your inbox filling up with PDFs of nearly final improvement specifications and space plans. You’ve finally signed a shiny new lease for space...more

Allen Matkins/UCLA Anderson Forecast Summer/Fall 2014: Tech Sector Continues to Drive Bay Area Commercial Real Estate [Video]

An influx of tech workers, new companies, and flourishing companies in San Francisco and Silicon Valley is pushing commercial real estate demands up and spilling over to other Bay Area markets. Look up, you'll see a lot of...more

Allen Matkins/UCLA Anderson Forecast Summer/Fall 2014: San Diego Joins Southern California Real Estate Recovery [Video]

Like Orange Country, San Diego suffered during the economic downturn. But according to the most recent Allen Matkins/UCLA Anderson Forecast Survey, that's all changing. Employment growth forcing new demand for office...more

Allen Matkins/UCLA Anderson Forecast Summer/Fall 2014: Expectations Surge in Los Angeles Commercial Real Estate Market [Video]

After lagging behind for a few years, it appears Los Angeles commercial real estate is catching up to the Bay Area. Specifically in downtown LA and the Inland Empire. California's developers are seeing strong growth across...more

Allen Matkins/UCLA Anderson Forecast Summer/Fall 2014: California’s Tech Boom Drives New Demand for Office Space [Video]

Led by the tech boom in San Francisco and Silicon Valley, demand for office space all over California is increasing dramatically, but with changing requirements, such as square footage and more creative space. We spoke to...more

Keeping the Benefit of Your Bargain: Strengthening Your Right to Prepayment Premiums

Anyone involved in commercial lending transactions is familiar with provisions of loan agreements that provide for compensation to the lender in the event the indebtedness is paid in advance of the contemplated due date....more

Six Considerations for Rent Arbitration Clauses in Commercial Leases

When a commercial tenant exercises an option to renew a lease it is imperative that the landlord and tenant have effective mechanisms in place to determine the rent for the renewal term. Ideally both parties will agree on the...more

Delaware Bankruptcy Court Faces Split Among the Courts Concerning Scope of a Landlord’s Claim Against a Tenant in Bankruptcy

The Delaware bankruptcy court will soon be forced to rule on the scope of a landlord's claim in bankruptcy, an issue on which courts around the country have been split for many years. In the case of In re Masonite Corp. (Case...more

Understanding Triple Net Leases

There is a thriving niche in commercial real estate for what are commonly called “triple net leased properties.” These transactions most commonly involve fast food restaurants, convenience stores or some other franchise-type...more

The Non-Binding Agreement – Louisiana Edition

No. In 2008 as the Haynesville Shale was being developed at breakneck speed, companies rushed to lease and landowners banded together in groups in order to obtain the best terms. Landowner Mr. Walsworth joined the “Go...more

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