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Stoel Rives LLP

What Landlords Should Know When Restaurant Tenants Go Under

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As anyone who has watched FX’s The Bear knows, running a restaurant is hard work. When restaurants occupying leased commercial space fail, commercial landlords need a gameplan to protect their interests. Some key...more

Hinckley Allen

Easing Use Restrictions Opens Up Opportunities in Retail for Landlords and Tenants

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Use restrictions—once rigidly dictated by anchor tenants—are undergoing significant transformations leading to new opportunities for retailers and landlords. Historically, retailers wielded considerable influence, often...more

Hinckley Allen

Big Box Bankruptcies: Challenge and Opportunity

Hinckley Allen on

The surge of big box store closures this year has left many storefronts empty across New England. With almost 3,200 chain closures nationwide since the start of the year, some landlords are seizing this opportunity to change...more

Hinckley Allen

3 Real Estate Considerations for the New Hybrid Model of Retail

Hinckley Allen on

Once thought to herald the demise of brick and mortar stores, online shopping is proving to be a critical element in the revival of the in-person retail shopping experience. The advent of online shopping forced a substantial...more

Levenfeld Pearlstein, LLC

Is the Future of Retail Leasing in Redevelopment? 4 Considerations for Landlords to Keep in Mind When Restructuring Retail Centers

In 2024, the market is coming to terms with the reality that brick-and-mortar retail will likely not be what it was pre-pandemic. However, where uncertainty and fear regarding the future of retail was prevalent just a couple...more

Holland & Knight LLP

The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

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The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing...more

Arnall Golden Gregory LLP

To Terminate or Not to Terminate: Alternative Lease Remedies and When to Use Them

Most commercial real estate leases afford the landlord multiple remedies to address a tenant’s default. Frequently, such remedies are cumulative, as the landlord may pursue concurrent options. However, two of the most common...more

Cole Schotz

Real Estate Leases: A Look at Retail

Cole Schotz on

Coming out of Q1 2023, we have a picture painted of the challenges and opportunities facing the retail sector. What is clear is that deals are more difficult to close in the current business climate. After speaking with...more

Husch Blackwell LLP

Retail Apocalypse Part II? What Trade Creditors and Landlords Can Do To Protect Themselves

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At the outset of the Covid-19 pandemic, some commentators were preparing for a mass extinction event in the retail industry, characterized by hundreds of brick-and-mortar store closings, massive job losses, and numerous...more

Husch Blackwell LLP

So You Want to Rent To A Cannabis Tenant? Nine Considerations for Retail Landlords

Husch Blackwell LLP on

The United States’ retail cannabis industry continues exploding, and it doesn’t show any signs of slowing down. These numbers are guaranteed to change after this Tuesday’s election, but as of October 2022, 37 states have...more

Clark Hill PLC

Should Landlords of Texas CBD Retailers Be Concerned About Criminal Liability in the Wake of the Delta-8 THC Ban?

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On Oct. 25, a Travis County district court refused to issue an emergency temporary restraining order to halt the state’s ban on Delta-8 THC (Delta 8) products. In 2018, Texas had passed House Bill 1325 to address consumable...more

Cadwalader, Wickersham & Taft LLP

See You in September August 2021 - There Was No 'Gap' in the Lease Language: COVID Is Not a Casualty

On June 29, 2021, in The Gap, Inc. v. 170 Broadway Retail Owner, LLC, the New York Appellate Division, First Department, overturned an earlier decision by the New York Supreme Court and issued a decisive victory to commercial...more

Obermayer Rebmann Maxwell & Hippel LLP

Repurposing Of Retail Space

Even before the pandemic, many retail stores were grappling to stay afloat as the preference of consumers to purchase goods online increased. Covid-19 obviously accelerated this trend, causing numerous shopping malls and...more

Hogan Lovells

Landlords win victory in latest CVA challenge case

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In the latest High Court decision relating to Company Voluntary Arrangements in the UK, the judge held that the Regis hairdressing group CVA should be revoked on the basis that it favoured shareholders at the expense of...more

Holland & Knight LLP

Rethinking the Landlord/Tenant Relationship in Retail

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As a result of the COVID-19 pandemic, landlords/owners have frequently been forced to renegotiate leases with, or take back space from, restaurant, gym, movie theater and other retail tenants that have little to no credit and...more

Lowndes

COVID-19-Related Lease Modifications Raise New Issues of Liability for Unpaid Rent

Lowndes on

As pandemic-related shutdowns battered the retail and restaurant industry, many tenants avoided defaulting on their leases by negotiating a lease workout. These agreements often provided tenants some much-needed rent relief...more

Holland & Knight LLP

Practical Guidance for Retail Landlords on Tenant COVID-19 Closures

Holland & Knight LLP on

During these winter months, many retail tenants have opted to close their doors to the public rather than remain open with limited occupancy and other operating restrictions due to COVID-19. Below are some practical...more

Holland & Knight LLP

Look for More Landlord Protections in Retail Deferral Agreements and Extensions

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In April and May of 2020, the unprecedented challenges resulting from the COVID-19 pandemic and the related mandatory closures and restrictions on operations began to be felt by retail tenants across the United States. As a...more

Hogan Lovells

Hotel contracts - Deferred or suspended rent due to Corona

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Does the owner bear the risk in case of bankruptcy? Due to the tense situation in the hotel industry, various lessees are currently approaching their lessors asking for deferral or abatement of rent payments for the...more

Hogan Lovells

Corona Crisis and Lease Law in Germany

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The Corona Crisis has hit the real estate market in general, but in particular it is impacting the retail and hospitality sectors. The scale and business relevance of the Corona Crisis is somehow unprecedented, and therefore...more

Farrell Fritz, P.C.

The Secret’s Out: COVID-19 May Not Excuse Commercial Rent Obligations

Farrell Fritz, P.C. on

The lingerie brand Victoria’s Secret (“VS”) has struggled in recent years. VS’ overtly sexy aesthetic has failed to keep up with shifting consumer tastes towards comfort and gender and size inclusivity....more

Hogan Lovells

COVID-19 pandemic update on lease law in The Netherlands

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As an introductory comment, the Dutch district courts and courts of appeal have judged exclusively in interlocutory proceedings (kort gedingen) in disputes concerning the tenants’ obligation to pay the contractual rent during...more

Barnea Jaffa Lande & Co.

New Supreme Court Ruling Considers Municipal Property Taxes for Common Areas in Malls and Shopping Centers

The Tel Aviv Municipality sent the Ramat Aviv Mall a municipal property tax bill for its common areas. The mall’s management argued that shop tenants must pay municipal property tax payments for these areas, under their lease...more

Carlton Fields

Retail Tenants – COVID-19 Implications for the Landlord/Tenant Relationship

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Among the businesses most adversely affected by the COVID-19 pandemic are many retail tenants that have had to close for significant periods and have experienced a significant decline in customer traffic. At the same time,...more

Polsinelli

Simon says “Don’t Close Your Stores in My Shopping Centers”

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Simon Property Group is at it again. Two years ago, Simon took the shopping center world by storm when it obtained an injunction preventing Starbucks Corporation from shuttering 77 of its Teavana stores in Simon malls across...more

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