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Commercial Tenants Lease Termination

Nutter McClennen & Fish LLP

Tenant’s Rights When Its Commercial Landlord Seeks Chapter 11 Protection

Financial distress persists in the commercial real estate market, raising the prospects that property owners and landlords could seek relief under chapter 11 of the Bankruptcy Code. The Bankruptcy Code contains numerous...more

Nutter McClennen & Fish LLP

FAQs for Commercial Landlords When a Tenant Files Chapter 11

When a tenant under an unexpired lease of nonresidential real property files a case under chapter 11 of the Bankruptcy Code, both tenant and landlord acquire rights and obligations that may contravene the terms of the lease...more

Smith Anderson

Winning the Race to Record: Protecting Rights in Real Estate

Smith Anderson on

The North Carolina Court of Appeals this week addressed an important issue involving leases, options to renew, and the North Carolina recordation statutes known as the “Connor Act.” The decision affects anyone who buys or...more

Miller Starr Regalia

Strict Compliance With Statutory Conditions: Another Challenge For California Landlords In The Eviction Process

Miller Starr Regalia on

The long moratorium on most evictions due to the COVID-19 pandemic, as well as the de facto shutdown of the court system for civil matters, caused most California landlords to defer unlawful detainer and related...more

Kerr Russell

Commercial Lease Terminations in Michigan

Kerr Russell on

Aside from the contractually agreed upon early termination clauses (whether fault-based or based upon economics, business needs or other factors) and a landlord’s statutory remedy of terminating a lease due to non-payment of...more

Lasher Holzapfel Sperry & Ebberson PLLC

Breaking a Commercial Lease: Things to Consider Before Termination

The world is transforming in the post-covid era and business needs are evolving as consumer habits change. These changes can directly impact the space where you conduct business and have you contemplating what to do about...more

BCLP

How can a landlord recover possession of business premises so that it can occupy for its own business?

BCLP on

You are a landlord of business premises. You have owned the premises for more than five years. You have granted a lease of your premises to T, which is protected by the Landlord and Tenant Act 1954....more

BCLP

Briefcase: Quarterly Real Estate Update - Cases and News - September 2021

BCLP on

Briefcase: Quarterly Real Estate Update - Cases and News including: ..The Royal Parks Limited and the Secretary of State for Digital, Culture, Media and Sport v Bluebird Boats Limited ..Monsolar IQ Ltd v Woden Park...more

Hogan Lovells

Recent U.S. Court decisions in commercial lease disputes due to COVID-19

Hogan Lovells on

The advent of the COVID-19 virus and related shut-downs that commenced in early 2020 have had a dramatic impact on commercial real estate throughout the United States and resulted in numerous high profile lawsuits. ...more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24 - COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories...

The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more

BCLP

Construction of lease in relation to tenant's obligation to reinstate

BCLP on

Disputes often arise about the extent of a tenant’s obligations to reinstate the leased premises at the conclusion of the lease. Large sums of money can be involved....more

Cranfill Sumner LLP

When Good Tenants go Bankrupt: Top Things Commercial Landlords Need to Know

Cranfill Sumner LLP on

Sometimes the result of even a good business is bankruptcy, particularly as COVID-19 and its economic and regulatory impacts run through plans that were otherwise well-laid.  This article provides no advice for a business...more

Jones Day

Eighth Circuit Rules that Bankruptcy Code's Cap on Lease Damage Claims Applies to Fraudulent Transfer Judgment

Jones Day on

To prevent landlords under long-term real property leases from reaping a windfall for future rent claims at the expense of other creditors, section 502(b)(6) of the Bankruptcy Code caps the amount of a landlord's claims...more

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

Seyfarth Shaw LLP

California Senate Bill 939 Includes Significant Protections for Commercial Tenants Impacted by the COVID-19 Pandemic: Eviction...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 22, 2020, the California Senate’s Judiciary Committee voted to approve an amended version of Senate Bill 939 Emergencies: COVID-19: Commercial Tenancies: Evictions (“SB 939”)....more

Pillsbury Winthrop Shaw Pittman LLP

Navigating Bankruptcy Exposure for Landlords Arising from Anticipated Lease Terminations During COVID-19

Lease terminations may result in fraudulent transfer claims. Lease terminations should document that the tenant is receiving reasonably equivalent value in exchange for rent forgiveness, relinquishing the premises and...more

Goulston & Storrs PC

Legal Corner

Goulston & Storrs PC on

Is a Liquidated Damages Clause Enforceable? Rue21, Inc. v Los Lunas Inv’rs, LLC, no. 18-CV-715, 2019 WL 1375405(W.D.Pa. Mar. 27, 2019). Landlord executed a letter of intent with a fashion retailer tenant in 2015 for a...more

McManis Faulkner

6 Key Things to Consider When Leasing Commercial Property

McManis Faulkner on

Leasing commercial space differs from renting a home. Whether you need office, retail, or industrial buildings for your business, commercial properties have their own unique issues, which must be addressed early on. A proper...more

Patton Sullivan Brodehl LLP

Eminent Domain: “Goodwill” Usually Belongs to the Tenant

In the world of eminent domain, compensation for “lost goodwill” is often a tricky and contentious issue.  New opinions from the Court of Appeal addressing goodwill tend to get a lot of attention....more

Obermayer Rebmann Maxwell & Hippel LLP

Exit Strategies For Commercial Tenants: Key Provisions For Early Termination of a Lease

There are various scenarios under which a commercial tenant may wish to terminate its lease.  One of the most common reasons is that the tenant’s business is expanding and the tenant has outgrown the leased space....more

Hogan Lovells

Back to basics: what to do when you receive a break notice

Hogan Lovells on

In the current climate, all types of occupiers including occupiers of retail, office and warehouse space, will be considering their leasing requirements and looking to rationalise their property portfolios.  As a result,...more

Ward and Smith, P.A.

Avoiding Commercial Lease Disputes – Clearly Reflecting the Intent of the Parties is Key!

Ward and Smith, P.A. on

A commercial lease symbolizes a consensual relationship between parties that can be enduring and rewarding, or short-sighted and emotionally and financially taxing. Entering into a clearly drafted lease agreement at the...more

Conn Kavanaugh

When Does a Competitive Business Practice Become Actionable under Chapter 93A, § 11?

Conn Kavanaugh on

Chapter 93A, § 11 provides a right of action to persons engaged in business who suffer a loss of money or property as a result of unfair methods of competition, or unfair or deceptive acts or practices, used by another...more

Ward and Smith, P.A.

Who Gets What When a Real Property Lease Terminates?

Ward and Smith, P.A. on

Who gets what when a lease of real property is over? This is a question that can be problematic for both landlords and tenants. If the tenant installed additional improvements or made alterations to the premises, will...more

Stoel Rives -  Ahead of Schedule

Condemnation Awards on Leasehold Interests

A recent Utah case, adopting a “termination clause rule,” may have tenants in Utah reconsidering condemnation provisions in leases. In UDOT v. Kmart, 2018 UT 54, the Utah Supreme Court denied a condemnation award to a tenant...more

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