Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases
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
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
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
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
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
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
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
Good News: Brownfield Tenants Gain CERCLA Liability Protection - In December 2012, an Environmental Protection Agency (EPA) Guidance Memo set out a new EPA enforcement policy. In sum, on a discretionary basis, the EPA...more
There were no significant decisions of the Supreme Court related to coverage this past quarter. The Courts of Appeal have provided us with several more decisions on contribution and subrogation. The following are brief...more
As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more
In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for tenants on contaminated or previously contaminated “brownfield” properties....more
Gemini Ins. Co. v. Delos Ins. Co. - Court of Appeal, Second District (December 5, 2012) - Many policies have exclusions for coverage or defense of actions between insureds. This case considered such an exclusion where...more
Landlords and tenants pay much time and attention to the basic economic terms of a lease as well as other highly contested provisions, such as assignment and subletting and defaults and remedies. But parties often skim over...more
Originally published in the November 2012 issue of Smart Business Northern California. Commercial landlords are generally attentive, sophisticated people that are in the business to rent space. They have a reputation...more
Originally Published in Commercial Executive Magazine. The last few years have been a challenging time for commercial property owners in Arizona. According to CBRE MarketView, the metropolitan Phoenix retail vacancy...more
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