Key Lease Work Letter Issues When the Tenant Is Doing the Work
Key Lease Work Letter Issues When the Landlord Is Doing the Work
Nonprofit Tenants and Lease Agreements: Best Practices and Pitfalls to Avoid
Real Estate Leasing Tips for Nonprofits
Cornerstone Research Experts in Focus: Mark Garmaise
Effective Lease Negotiations for Healthcare Practices
How Commercial Property Owners Can Collect Unpaid Rent from Commercial Tenants
Landlord and Tenant Lease Risk Reduction for the Cannabis Industry
[Webinar] Cannabis Real Estate Considerations
Goran Musinovic on Healthcare Real Estate Compliance
Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)
Commercial/Retail Therapy: Assessing the Pandemic’s Impact on Real Estate
Law Brief®: Debra Bodian Bernstein and Richard Schoenstein Discuss Commercial Lease Defaults During COVID-19
COVID-19 Commercial Leasing Trends (Part One)
How an Am Law 200 Firm is Working Towards Solutions to 2020’s Challenges with Jeremy Sacks: On Record PR
Williams Mullen's COVID-19 Comeback Plan: Landlord and Tenant Negotiations for Existing Commercial Leases Amid the COVID-19 Pandemic
Bar Exam Toolbox Podcast Episode 93: Listen and Learn -- Constructive Eviction
Blakes Continuity Podcast: Litigation Fever – Part I: What Lies Ahead?
Commercial Leases - Navigating a New Normal
Strategies for Negotiating with a Franchisee and Franchisor
As all restaurateurs know, a good location is an essential ingredient in any recipe for long-term success. But controlling costs is also a key factor. Renting your location—rather than actually purchasing real estate...more
In our ongoing series of blog posts, we have been examining several key negotiating points for tenants in triple net health care leases. We also have offered suggestions for certain lease provisions that will protect tenants...more
When reviewing legal documents, it’s easy to become so focused on a particular area that and forget about “everything else.” Each “everything else” item might seem minor, but collectively, “everything else” can make a serious...more
As discussed in a previous Otten Johnson Alert, many Denver and Colorado property owners are subject to a slate of new benchmarking and energy performance requirements. Property owners will be implementing energy reduction...more
Ideally, every retail lease strikes a reasonable balance between the interests of the landlord and the tenant and lays the groundwork for a mutually beneficial relationship. However, things do not always go according to plan....more
In our ongoing series of blog posts, we will look at several key negotiating points for tenants in triple net health care leases. We will also offer suggestions for certain lease provisions that will protect tenants from...more
We previously wrote that commercial lease renewal provisions are void and unenforceable if they rely upon “market rent” with no mechanism to determine the market rent, but what happens when the renewal provision is completely...more
In triple net office leases, tenants are required to reimburse landlords for a portion of the building’s overall operating expenses. These expenses cover the costs of operating and maintaining a commercial property. Operating...more
Operating expenses (“OpEx”) and common area maintenance fees (“CAM”) are two important items in any commercial lease, but they are often overlooked after the decision is made on how to split up these fees. Typically,...more
One of my mantras when preparing contracts and company policies is “to be careful what you incentivize. This article discusses the "cobra effect" and why it's critical when preparing legal documents to consider what behavior...more
During commercial leasing negotiations, landlords and tenants will often extensively negotiate the terms of a cap on the controllable operating expenses under a lease. Often, however, the issue of whether the cap will be...more
This article discusses termination provisions parties should consider when they enter into a contract, the contract termination process, and when parties should consider post-termination obligations....more
On March 21, 2022, the Court of Special Appeals of Maryland (the “Court”) decided in Peterbilt of Baltimore LLC v. Capitol Gateway Properties, LLC that provisions of an option to purchase (the “Option”) pursuant to the...more
Since 1974, “baseball arbitration” has been used to resolve salary disputes between ballplayers and team owners. Its primary purpose is to determine the arbitrating player’s salary based upon specific criteria to...more
There is a common misperception among landlords that licenses are more appropriate for smaller space even though the occupant is being granted exclusive use for a set period of time. As a result, you will often see documents...more
Exclusive use clauses are not uncommon in shopping center leases. Tenants often request these clauses to prevent the landlord from renting space to other tenants who are competitors. Ideally, a shopping center includes a...more
Here are five quick tips for tightening a commercial real estate lease and avoiding potential pitfalls down the road....more
In this episode of Digging Into Land Use Law, Nossaman Real Estate Group Co-Chair David Graeler and associate Maya Hamouie discuss myriad problems that may arise when a market rent adjustment provision in a long-term ground...more
The majority of today's leases, contracts and legal forms are riddled with the word shall. Shall is a word beloved by many, but it may be time to move away from shall. The use of shall can take parties down the long and...more
No party enters into a lease hoping one day to end up in litigation. The parties desire a smooth, amicable landlord-tenant relationship. However, the potential for disagreements, and ultimately litigation, over a lease is...more
Real estate leases, purchase contracts, and contracts frequently include “codas” or “finales,” such as exhibits, schedules, and addenda, attached at the back. Just as it’s vital that musicians follow the composer’s...more
Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move...more
Effective July 1, 2020, witnesses’ signatures are no longer needed for residential and commercial leases. The amended Section 689.01, Florida Statutes, removed the requirement that a landlord’s signature on a lease must be...more
Hotel Owner Considerations - As the COVID-19 crisis continues and health care systems face capacity issues, governmental entities have turned to the option of repurposing hotel properties as temporary hospitals, acute...more
Unfortunately, most real estate purchase contracts weren’t up to the task of addressing circumstances as unexpected as a swiftly moving world pandemic. Although many contracts have force majeure clauses, few real estate...more