News & Analysis as of

Landlords Leases Commercial Leases

Epstein Becker & Green

Importance of Negotiating Initial Term and Renewal Terms in Health Care Leases

In our upcoming series of blog posts, we will look at several key negotiating points for tenants in triple net healthcare leases. We will also offer suggestions for certain lease provisions that will protect tenants from...more

Blank Rome LLP

New York Court Decision Disrupts “Good Guy Guaranty” Liability Limitations

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In the New York commercial leasing world, and in almost every privately-owned restaurant lease, the well-known “Good Guy Guaranty” is abundantly common. However, a decision by a judge in the Supreme Court for New York County,...more

Tonkon Torp LLP

Key Lease Work Letter Issues When the Landlord Is Doing the Work

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In her new Ear to the Ground video, the first of a two-part series on lease work letters, attorney Kimberlee Stafford, Chair of our Real Estate & Land Use Practice Group, discusses key work letter issues and situations when...more

White and Williams LLP

The Sounds of Silence: Pennsylvania’s Sutton Rule

In Westminster Am. Ins. Co. a/s/o Androulla M. Toffalli v. Bond, No. 538 EDA 2023, 2023 Pa. Super. LEXIS 626, 2023 PA Super 272, the Superior Court of Pennsylvania (Appellate Court) recently discussed the impact of silence on...more

Tonkon Torp LLP

Pinning Down the Lease Commencement Date

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If you’re venturing into the world of commercial real estate, whether as a tenant or a landlord, there’s a plethora of terms you’ll come across. Among these is the seemingly simple idea of the “Lease Commencement Date.” While...more

Hogan Lovells

Can a term be implied into a UK lease so that it makes business sense?

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In the recent case of Rail for London v The Mayor and Burgesses of the London Borough of Hackney, the UK High Court considered what happens when the express terms of a lease do not reflect the wider business context....more

BCLP

MEES, The Next Chapter: Plotting Residential Real Estate’s Route to Net Zero

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MEES Regulations have meant that since 1 April 2020 landlords of residential property have been prohibited from letting out properties below a minimum EPC rating of E unless they have registered an exemption. With the last...more

BCLP

Improving liquidity for Asian real estate investors - Part 3: Sale and Leaseback Agreements

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A common route for property owners to effect divestiture of their real estate assets to de-risk their investments and to improve liquidity is to sell down part of the asset and form a joint venture with the buyer....more

Bennett Jones LLP

Let's Be Reasonable: Landlord Consents to Lease Assignment

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What sort of things go through a commercial landlord's mind when receiving a notice from its tenant that the tenant wants consent to assign its lease? The answer is, all sorts of things. The landlord may want the space...more

Lippes Mathias LLP

Your Lease Can Help Save Our Planet

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With increased importance placed on environmental, social and governance (ESG) principles, and with numerous companies prioritizing socially conscious goals, many landlords and tenants have implemented “Green Leases” as part...more

A&O Shearman

Interpretation: if you ask 100 lawyers...

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English lawyers often take pride in the certainty afforded to commercial parties who chose English law to govern their contracts. In many respects, this faith is well placed. But is it becoming increasingly hard to predict...more

Miller Starr Regalia

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

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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

Allen Matkins

If A Lease Is Not "Valid", Is It Void or Voidable?

Allen Matkins on

Justice Ignazio ("Nace") John Ruvolo once observed that the "Illegality of contracts constitutes a vast, confusing and rather mysterious area of the law."  McIntosh v. Mills, 121 Cal. App. 4th 333, 344 (2004).  One confusing...more

Shutts & Bowen LLP

In eviction case, trial court wrongly made landlord produce leases with other tenants

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In a recent decision, the Second District Court of Appeal indirectly addressed an issue that comes up from time to time in landlord-tenant litigation: whether the landlord must produce in discovery documents relating to other...more

BCLP

Briefcase - Quarterly Real Estate Update - June 2022

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Summary - ..Johnson –v- Spooner & Another – “Subject to contract” label not always conclusive. ..Milestar Limited –v- (1) Narendra Gandesha & (2) Homerton Holdings Limited – Can a tenant’s cross-claim defeat a...more

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Court Holds Debtor-Assignor Is Not Off the Hook for Pre- and Post-Assignment Damages Under Lease Assigned...

If you really want to be released from your lease obligations and those of your assignee, you need to get a landlord release at the time of assignment. An assignor tenant’s lease obligations survive an otherwise permitted...more

Womble Bond Dickinson

Using a Prenegotiation Agreement as Part of Lease Restructuring

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In our new COVID world, many leases are being restructured. Some are in response to tenant defaults and are appropriately considered lease “work-outs”. Many others will likely need to be amended to adjust to a post-COVID...more

Weintraub Tobin

The Importance Of Lease Drafting: Lease Language Takes Center Stage In “Cinemex”

Weintraub Tobin on

When in the throes of protracted lease negotiations, frustrated clients often ask me whether a proposed term is truly necessary to the contemplated transaction. Most clients start these discussions with the goal of achieving...more

Arnall Golden Gregory LLP

Lease Issues - From the Landlord's Perspective

The last year has been a challenging time and it begs the question, from the landlord’s perspective, what have we learned? One thing for sure is that the average lease, a document that seems (for most landlords) to be like...more

Allen Matkins

Consolidated Appropriations Act Provides Bankruptcy Preference Liability Protections for Landlords

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The Consolidated Appropriations Act of 2021 (Public Law 116-260) (the Act) contains an important change in bankruptcy law beneficial to landlords of nonresidential properties. Among several amendments to the Bankruptcy Code...more

Kelley Drye & Warren LLP

COVID-19 Lease Provisions

In the wake of COVID-19, commercial landlords are facing unprecedented challenges as they strive to mitigate new risks while maintaining the rapport they have built in their professional communities and with their tenants. ...more

Weintraub Tobin

Frustration Of Purpose: How Two WWII-era Cases Provide Guidance Regarding Lease Enforcement During the COVID-19 Health Crisis

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Unlike the Great Recession in 2008, landlords and tenants responding to the negative economic impact of the COVID-19 health crisis appear to be focusing more on rent relief as opposed to strict interpretation and enforcement....more

Kelley Drye & Warren LLP

Real Estate Industry Alerts Tracker - May 2020 Issue #4

Mayor de Blasio Signs New NYC Law Limiting the Enforcement of Certain Personal Lease Guaranties - As an update to our previous issue, on May 26, 2020, Mayor Bill de Blasio signed into law the New York City Council’s Bill...more

McGuireWoods LLP

NYC Lease Guarantors Gain Temporary Personal Liability Protections During COVID-19

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On May 26, 2020, New York City Mayor Bill de Blasio signed into law Int. No. 1932-A, amending the New York City Administrative Code to prohibit enforcement of personal liability against natural persons for certain commercial...more

Snell & Wilmer

Nevada Suspends Commercial and Residential Evictions and Foreclosures Due to COVID-19 Crisis

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Nevada recently joined the rapidly-increasing list of states suspending or barring eviction and foreclosure actions during the COVID-19 pandemic. By both executive directives and judiciary orders, almost all foreclosure and...more

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