Commercial Leases Tenants

News & Analysis as of

Points & Authorities - Spring 2015

In this Issue: - Negotiating Strategies for the Successful Sale of Technology Companies - Broker Beware: Are Real Estate Brokers Susceptible to Agent v. Agent Fee Splitting Disputes After Sanowicz v. Bacal? -...more

Real News - Spring 2015

Welcome to Real News! I’m pleased to introduce to you DLA Piper’s quarterly guide to key developments in English and Welsh real estate law. In this quarter’s edition: - Mark Beardwood looks at service charge...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

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

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

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

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

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

10 key considerations when a healthcare tenant negotiates a shopping center lease

The habits of healthcare consumers have changed: no longer do they perceive a medical visit as something necessarily separate from all other life events. In fact, they often seek the convenience of combining a quick trip to...more

Commercial Landlord Citing Lease Terms to Prevent Stores from Closing on Thanksgiving Day

It's rare that an ordinary commercial lease term can make national news, at least indirectly. Some higher-profile stores are bucking the Holiday trend this year and refusing to open on Thanksgiving day. Costco, Lowe's...more

Five Holiday Season Tips for Retail Landlords

The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and most importantly — more traffic and customers. Along with these benefits, the holidays also...more

California Update: New Laws Give Residential and Commercial Tenants Rights to Install EV Charging Stations and Streamline...

Last month Governor Brown signed AB 2565, which gives residential and commercial tenants new rights to install electric vehicle (EV) charging stations, and AB 2188, which directs cities and counties to streamline permitting...more

Bankruptcy Court Finds Tenant Cannot Assume Commercial Lease After Waiving Rights to Seek Relief From Forfeiture Under California...

The US Bankruptcy Court for the Central District of California (the "Court") recently upheld the validity of a commercial lease provision by which a debtor/tenant waived its rights to seek relief from forfeiture (i.e.,...more

What Exactly Is A Subordination, Non-Disturbance And Attornment Agreement, And Why Do I Need One?

While most commercial leases contain a requirement that the tenant will execute a “Subordination, Non-Disturbance and Attornment Agreement,” commonly referred to a an “SNDA,” a majority of tenants who have signed such leases,...more

Hilton on the hook: No release for the guarantor

A new Court of Appeal decision handed down on Friday 5 September has given landlords some comfort that leases entered into before a line of cases that ruled many guarantee provisions invalid will still be interpreted in a...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

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

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

Tenants Beware: Your Landlord’s Bankruptcy Could Result in a Lost Lease

It is unfortunate, but true: a commercial tenant may someday be required to deal with a bankrupt landlord. Any bankruptcy filing can be complicated and chaotic. But, a tenant faced with a landlord’s is more than just a...more

Mainebiz Real Estate Insider – Protecting the Penny Wise in a Lease

Some penny wise clients resist advice to get real estate out of their own individual names, opening themselves to unnecessary risk. Fortunate clients, who have not met the “trial bar” up close and personal, sometimes still...more

What’s the Use? Use Clauses in Commercial Leasing

Most retailers and landlords will have seen the recent announcement by Loblaws wherein they stated that they were going to start selling fresh food in certain Shoppers Drug Mart locations, the perfect example of the evolution...more

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