Commercial Tenants

News & Analysis as of

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

Why Tenants should require an SNDA or risk some disturbing results.

Introduction. We all know that lease forms are heavily weighted in favor of landlords. Through negotiation, experienced real estate lawyers attempt to lessen the impact on the tenant of some of the more onerous provisions...more

Judgment Against Commercial Landlord Reversed

The Third Court of Appeals has reversed and remanded a lower court’s judgment that a landlord take nothing on his claims for damages under a commercial lease and pay the tenant’s attorney fees....more

Philadelphia Releases Energy Benchmarking and Disclosure Regulations for Large Commercial Buildings

On July 10, 2013, the Philadelphia Department of Licenses and Inspections (L&I) issued draft regulations filling in the compliance requirements of Philadelphia’s mandatory energy and water disclosure ordinance (the Disclosure...more

Administration Rents: Next Stop - Court of Appeal

A key legal High Court hearing on the “Goldacre Ruling”, which deals with how rent is paid during an administration (and often leaves landlords out of pocket), means that the Court of Appeal will now consider whether “rents...more

5 Suggestions For Retail Exclusive Use Clauses

Congratulations on landing that national, credit-rated tenant for your shopping center or building!...more

Tax Liens, Tenancy By Entireties, And The Federal Claims Statute Combine To Produce Fiduciary Liability

A particular mixture of a federal tax lien, a transfer of tenancy by entireties property during lifetime, and the federal claims statute resulted in personal liability to the executors of the estate of a surviving spouse for...more

Real World - Spring 2013: When can tenants escape liability for terminal dilapidations?

Most leases require the tenant to leave the property in a good state of repair at the end of the term. The amount of damages the landlord can recover if the works are not done is limited by section 18 of the Landlord and...more

Real Estate Tip – LEED Certification and Energy Efficiency Part 1

A commercial tenant may expect lower than normal energy costs when considering a green building, but lower energy costs are not guaranteed. The U.S. Green Building Council’s Leadership in Energy and Environmental Design’s new...more

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