Commercial Tenants

News & Analysis as of

Don’t Overlook the Potential Value Added By Green Buildings

It is increasingly important for buildings to be energy efficient. So-called “green buildings” can not only lead to more efficient energy use, but can also result in significant cost savings over time. Indeed, green...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

Measures to improve energy performance of non-domestic buildings: Scottish implementation timetable announced

Following recent consultation, the Scottish Government has confirmed the timetable for the publication and implementation of regulations to be made under section 63 of the Climate Change (Scotland) Act 2009....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

Ticking time bomb in your office lease?

Benjamin Osgood, of the Tenant Advocate, brings up a good point that I've noticed becoming MUCH more of an issue lately -- restoration provisions obligating the tenant to return the space to the condition in which they...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

Concealed carry triggers physician office questions on gun-toting patients

One year ago, Illinois became the last state to enact concealed carry firearm legislation after the Seventh U.S. Court of Appeals stuck down its longtime ban....more

Please can I have your Autograph Mr Ramsay!

You might have seen some of the recent media coverage of Gordon Ramsay’s court case relating to a personal guarantee given to his landlord that was signed using an “automated pen” operated by his estranged business partner...more

Legal Update: Enforceability of Contenancy Clauses in Retail Leases

In a case of first impression, the California Court of Appeal recently weighed in on the enforceability of cotenancy clauses in retail leases. A cotenancy clause typically provides that if a specified major tenant or a...more

Landlords and Tenants Beware: Option Contracts and the Substantial Compliance Standard

In Pack 2000, Inc. v. Cushman, 311 Conn. 622 (2014), the Connecticut Supreme Court recently applied a “substantial compliance” standard to the exercise of tenant options contained in a lease, including purchase options....more

Real Estate Tip: Risky Risk Allocation

Landlords and tenants spend a good deal of time deciding how to share risk, how to insure against it, and whether or not to provide indemnities with respect to it. When the leased premises is a place of public accommodation,...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

Social Media Concerns Potentially Affecting Arizona’s Real Estate Industry

A growing number of governmental authorities are cracking down on the use of social media with regard to commercial transactions. In Arizona, for example, legislation was proposed restricting an employer’s right to access...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

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

Managing Construction Risks: Strategies to avoid the Unexpected

Construction of Tenant Improvements and Alterations carry an inherent risk. There are several key issues a tenant may want to consider, including the following: - Permitting –Leases typically put two (2) construction...more

North Carolina Appellate Court Affirms Summary Judgment In Favor Of Insurer Based Upon Vacancy Provisions

In Holmes v. North Carolina Farm Bureau Mutual Insurance Co. Inc., the court analyzed the vacancy provision of an office-lessor’s insurance policy. 2014 N.C. App. LEXIS 357 (April 15, 2014). Holmes owned office buildings at...more

Special Commercial Lease Considerations for Franchisees

Engaging in preliminary discussions and negotiations with prospective landlords for your new franchised business can be overwhelming. There are a multitude of business and legal issues to consider. It may also be...more

Shopping Plazas, Anchor Tenants & Non-Competes – A Decision from the 11th Circuit

This is not your standard non-compete case: Just days ago, the Eleventh Circuit handed down its opinion in an extremely complex dispute related to shopping plazas, anchor tenants and restrictive covenants....more

Fast Five: Rhode Island Appellate Practice: Winter Storm Warning For Rhode Island Landlords And Business Owners

Before the next big winter storm packs a punch, if you are a landlord or business owner in Rhode Island, make sure you understand your obligation to remove snow accumulation and treat surface areas on your premises. ...more

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