News & Analysis as of

Commercial Leases

2017-18 Arizona Case Law Affecting Commercial Real Estate and Lending

The following information accompanies a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on March 13, 2018. Arizona Case Law – Trustee’s Sale Statute of Limitations;...more

Consents to assign: two out of three ain't bad

by Dentons on

Who knew Meat Loaf knew so much about real estate law? In a recent decision the Court of Appeal confirmed that when it comes to providing good reasons for refusing consent to assign, "two out of three ain't bad". As such the...more

Holland & Knight's Israel Practice Newsletter: Spring 2018

by Holland & Knight LLP on

Holland & Knight invites you to read our Spring 2018 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than...more

New Lease Code for Old

by Hogan Lovells on

The professional statement, “Code for leasing business premises”, published by the Royal Institute of Chartered Surveyors (RICS) incorporates the proposal for a new lease code. The consultation period in relation to this...more

When a Tenant Exercises an Option to Purchase, When Does the Obligation to Pay Rent End?

Some commercial leases provide the tenant with an option to purchase the real property....more

Virginia Amends Provisions Relating to Foreclosure under Landlord and Tenant Law

by Weiner Brodsky Kider PC on

The state of Virginia recently enacted House Bill 857, pertaining to Landlord and Tenant Law. Some of the provisions are included in order to conform general landlord and tenant provisions to the Virginia Residential...more

Bankruptcy Lease Auctions – Landlords Can Play Too

by Goulston & Storrs PC on

Toys “R” Us filed for bankruptcy in September 2017, with hopes that a strong holiday season would facilitate a successful reorganization. ...more

Landlords, Let’s Be Reasonable: Otherwise You Might Pay the Price

by Reed Smith on

Landlords take note, on the back of a recent case, you face an increased risk that tenants will challenge costs which they are responsible for in a lease. The case in question related to tenants’ challenge of insurance costs...more

From Across the Pond: The BHS Saga Continues – Can a Company Voluntary Arrangement (CVA) Ever Permanently Vary the Terms of a...

by Bryan Cave on

In Wright (and another) (as joint liquidators of SHB Realisations Ltd (formerly BHS Ltd) (in liquidation)) v Prudential Assurance Company Ltd, the court held that, when the BHS CVA terminated, the landlord was entitled to...more

ROZ-boete bij wanbetaling. Cumulatief of niet - (ROZ fine in case of non-payment. Cumulative or not)(Dutch)

by Dentons on

In almost all models of the ROZ for commercial space and retail space, a provision has been included that imposes a fine on overdue payments amounting to a percentage of the rent arrears with a minimum. There is a lot of...more

Everyone Has Rejection Issues

by Bryan Cave on

In the typical day-to-day experience in bankruptcy proceedings, the debtor’s ability to assume or reject executory contracts and leases under Section 365 of the Bankruptcy Code is seen from the sometimes-unfortunate...more

Green Hands Aren’t Unclean Hands: 9th Circuit BAP Retreats from Mandatory Dismissal in Marijuana Cases

by Burns & Levinson LLP on

A 92-year-old landlord who leased a storefront to a marijuana dispensary will receive a new hearing after a court dismissed her bankruptcy case on the grounds that acceptance of rent payments from the dispensary disqualified...more

Do Not Overspend On Law Firm Office Space

by Stange Law Firm, PC on

When lawyers are selecting office space for their law office, the decision is often very difficult. For most lawyers, they want office space that sends a message. They want office space that is going to impress and attract...more

Commercial tenants in Scotland must submit three-yearly LBTT returns

by Dentons on

The three-yearly return requirement - Land and Buildings Transaction Tax (LBTT) came into force in Scotland on 1 April 2015, replacing the Stamp Duty Land Tax (SDLT) regime for land transactions in Scotland. A major...more

Commercial Evictions: Mitigation in Commercial Lease Defaults

by Pepper Hamilton LLP on

When negotiating a commercial lease, one party or both parties often raise the issue of mitigation, generally meaning to make less severe. In the commercial lease context, it is most often discussed in the defaults and...more

Second Department Finds Commercial Tenants Can Waive Their Right to a Yellowstone Injunction

On January 31, 2018, the Appellate Division, Second Department affirmed, in a 3-1 decision, the Kings County Supreme Court Commercial Division’s decision, denying 159 MP Corp. and 240 Bedford Ave Realty Holding Corp.’s...more

Bringing Residential Uses to Existing Shopping Centers - A Win Win

by Goulston & Storrs PC on

Tenant curation, experiential retail, and social media-based marketing are thriving trends in today’s brick-and-mortar shopping center industry. Retail is not the only real estate asset class susceptible to trends, and a...more

Certain Financing Considerations When Investing in Ground Leased or Net Leased Real Estate

This note briefly looks at an issue that continually arises in connection with the financing of ground leases (as well as long-term triple net leases generally), of which any real estate fund looking to invest in such...more

Want to live like commonhold people? The Law Commission consults

by Dentons on

As residential leasehold ownership comes under increasing scrutiny, the Law Commission has just kick-started an attempt to reinvigorate commonhold as a viable alternative. Developers, homeowners and funders should all take...more

Distraint – How a Georgia Landlord Can Obtain a Million Dollar Judgment and Perfect its Landlord’s Lien Against its Tenant’s...

by Arnall Golden Gregory LLP on

During 2017, there was only one statutory distraint (distress warrant) proceeding (O.C.G.A. §§ 44-7-70 et seq.) filed by any landlord in Georgia’s most populous county – Fulton. The dearth of cases in which Georgia landlords...more

Colorado Court Holds No Coverage for Breach of Contract Claim

In its recent decision in Ctr. For Excellence in Higher Ed., Inc. v. Travelers Prop. Cas. Co. of Am., 2018 U.S. Dist. LEXIS 25424 (D. Col. Feb. 16, 2018), the United States District Court for the District of Colorado had...more

Court Confirms Landlord’s Right To Seek Damages In Unlawful Detainer Action And Separate Civil Action

by Lewitt Hackman on

The Court of Appeal just confirmed that a landlord is not barred from recovering rent owed by a tenant in a civil action for breach of contract, even after obtaining a judgment for unlawful detainer against the tenant, so...more

Cannabis in the Commonwealth: What Are People Saying?

by Burns & Levinson LLP on

I recently attended the New England Real Estate Journal’s “Cannabis: The Next Phase in Commercial Real Estate” summit, which brought together a number of local players for networking and a high-level discussion of where the...more

Appellate Ruling Impacts Availability Of Yellowstone Injunctions

by Cole Schotz on

The ability to obtain a “Yellowstone” injunction has long been a saving grace for commercial tenants faced with a disputed default under their lease. A recent decision of the New York State Appellate Division, however, could...more

Exclusive Use Provisions in Commercial Leases

by Ward and Smith, P.A. on

Exclusive use provisions are common in commercial leases, especially in large shopping centers with many tenants. An exclusive use provision essentially allows a tenant to use its premises for an intended specific use (for...more

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