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Commercial Leases Default

Rivkin Radler LLP

Landlord Considerations When Navigating Personal Guarantees in Bankruptcy

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When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee...more

Holland & Knight LLP

What to Consider When Buying Real Estate Promissory Notes

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Recent headlines have revealed distress in the real estate market, which may lead to opportunities for investors willing to take a bit of risk. There are many examples all over the country of groups with debt looking for...more

Goodwin

Commercial Leasing in Massachusetts: SJC Confirms Enforceability of Accelerated Rent as Liquidated Damages

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On September 25, 2023, the Massachusetts Supreme Judicial Court issued an important decision that affects commercial landlords’ ability to accelerate rent as liquidated damages after a Lessee’s default in Cummings Properties,...more

Tarter Krinsky & Drogin LLP

New York City’s “Guaranty Law” is Held to be Unconstitutional and Unenforceable

In a highly-anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York ruled on March 31, 2023, in Melendez v. City of New York, that New York City's Guaranty Law is...more

Snell & Wilmer

Best Practices: Commercial Lockouts in Arizona

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If a tenant defaults under a commercial lease, Arizona law permits the landlord to re-take possession of the premises by locking out the defaulting tenant. However, if the landlord’s lockout is wrongful, the landlord may be...more

Goodwin

Commercial Leasing in Massachusetts: Commercial Landlord Cannot Collect Accelerated Rent as Liquidated Damages and Rent From New...

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On December 5, the Massachusetts Appeals Court issued an important decision impacting commercial landlords’ ability to accelerate rent as liquidated damages after a Lessee’s default in Cummings Properties, LLC vs. Darryl C....more

Whitman Legal Solutions, LLC

How Contracts End – Planning for Contract Termination and Beyond

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

Miller Canfield

Michigan Adopts Its Version of the Uniform Assignment of Rents Act

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In May 2017, we highlighted the Sixth Circuit’s opinion in Town Center Flats. Briefly, Town Center Flats held that ownership of a commercial property’s rents transferred to a lender when (1) a commercial loan is secured by a...more

Tucker Arensberg, P.C.

Pennsylvania Superior Court Holds that Doctrines of Frustration of Purpose and Impracticability/Impossibility of Performance are...

Tucker Arensberg, P.C. on

In the first Pennsylvania appellate case addressing the effects of government-ordered business closures due to the Covid-19 pandemic on a commercial lease default, the Pennsylvania Superior Court has held that the traditional...more

BCLP

Landlord’s duty to mitigate after tenant default

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A recent Hong Kong Court of First Instance judgment, in Foxhill Investments Ltd v Sino Golden International Group Holdings Ltd [2021] HKCFI 3662 (HCA 2938/2018, 15 December 2021), clarifies the scope of the obligation of the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - December 2021

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New York Court of Appeals Holds That Disgorgement Payment Under SEC Settlement Not Excluded As A Penalty Imposed By Law- The Securities and Exchange Commission (SEC) alleged that Bear Stearns facilitated late trading and...more

Royer Cooper Cohen Braunfeld LLC

Restrictions on Lease Remedies Arising Under Homart

In March, when much of the country was first experiencing the effects of the COVID‐19 pandemic, it was commonly believed that things would return to normal soon. Nearly nine months later, most of us have come to realize that...more

Farrell Fritz, P.C.

First Step in Successfully Fending off a Yellowstone Application: Be Sure To Give Valid Notice of Default

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Several weeks back, we reported on an apparent uptick in commercial lease disputes over the last 18 months in this new COVID era.  It only follows that there would be a corresponding uptick in Yellowstone applications from...more

Tonkon Torp LLP

Rent Assistance Lottery For Oregon Commercial Tenants Opens March 8

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Starting March 8, small business owners in Oregon with 100 or fewer employees and who are behind on their rent can apply for a grant from Business Oregon, the state’s economic development agency. Grants are available for up...more

Tarter Krinsky & Drogin LLP

Federal Court Upholds New York City’s Recently Enacted “Guaranty Law” And Related Legislation Concerning Non-Payment Of Rent...

In a highly anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York, in Melendez v. City of New York, dismissed a challenge to the “Guaranty Law” and related...more

Barnea Jaffa Lande & Co.

COVID-19 does not justify breach or deviation of a contract When Its Arrival in Israel Was Foreseeable

An Israeli court recently rendered an interesting ruling on the impact of COVID-19. The case is question involved the lease agreement for the operation of a hotel. The lease agreement, executed in February 2020, provided...more

BCLP

BCLP Retail Insight: The Week that Was Vol. 8

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This week, the BCLP Retail team analyse the recent rent payment figures from the retail sector and discuss possible creative means of fostering resiliency for landlords and operators. We look at the reaction from retailers to...more

BCLP

COVID 19 - UK: Summary of COVID 19 Legislation / Measures impacting landlords' remedies for tenant default

BCLP on

This note provides a brief summary of the measures (and applicable timescales) that have been implemented during the Covid-19 pandemic, that impact landlords’ remedies for tenant default as at 1 October 2020. ...more

BCLP

Summary table of landlords' remedies for tenant default

BCLP on

This table summarises landlords’ main options in the event of tenant default, and sets out some advantages, disadvantages and practical tips for each remedy (factoring in current Covid measures/restrictions as at 1 October...more

Nutter McClennen & Fish LLP

lululemon’s Motion to Dismiss Eviction Case Denied

In CWB Retail Limited Partnership v. Lululemon USA, Inc., lululemon moved to dismiss a summary-process action brought by its landlord, CWB Retail Limited Partnership. CWB sought to evict lululemon after CWB sent three notices...more

Latham & Watkins LLP

COVID-19: Impact on Legal Positions of Landlords in Germany

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What actions are available to the landlord in the event of COVID-19-based rent payment defaults? As a result of the legal amendments on German tenancy law that were passed in March 2020 in connection with the COVID-19...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Mayor DeBlasio Signs Legislation Intended to Limit the Enforcement of Personal Liability Provisions in Commercial...

On May 26, 2020, New York City Mayor Bill DeBlasio signed into effect a law (the “New Law”) that amends the administrative code of New York City to prohibit the enforcement of provisions in a commercial lease or other rental...more

Williams Mullen

Commercial Lease Enforcement in Virginia during the COVID-19 Pandemic

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While it is clear that the current COVID-19 crisis has touched every part of society and the economy, the governmental response and protections have not been uniform. The federal, state and local guidance has largely focused...more

Farella Braun + Martel LLP

Non-Residential Lease Default Workouts, Security Deposits and Bankruptcy

What are the bankruptcy implications of the treatment of a tenant’s security deposit following a payment default?  Many non-residential tenants are now or are likely in the future to be unable to pay rent and landlords will...more

Pillsbury Winthrop Shaw Pittman LLP

California Commercial Tenant Security Deposits in a COVID-19 World

In the wake of government-ordered moratoriums on commercial tenant evictions, how does a California commercial tenant’s security deposit come into play as an available landlord remedy for a lease default? Commercial lease...more

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