News & Analysis as of

Commercial Leases

Buchalter

New California Law Impacts Leases to Certain Smaller Sized Tenants Including Translation Requirements and Limitations on Pass...

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Beginning on January 1, 2025, landlords of commercial properties – be they office, industrial or retail, will need to develop new procedures when entering into leases with a newly defined class of tenants, identified as...more

Bennett Jones LLP

Update: Draft Legislation on Landlord Tax Liabilities Provides Relief for Residential Tenants

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Since the publication of our blog, Tenants Beware: The Risks of Landlord Tax Liabilities, draft legislation released by the Department of Finance on August 12, 2024, has proposed a change to the Income Tax Act (Canada) (the...more

Blake, Cassels & Graydon LLP

Clauses ESG dans les baux commerciaux

Les facteurs ESG, c’est-à-dire les facteurs environnementaux, sociaux et de gouvernance, sont désormais bien présents dans les politiques des organisations. Le secteur immobilier n’y échappe pas; les facteurs ESG occupent...more

Katten Muchin Rosenman LLP

California Enacts New Requirements Related to Collection of Commercial Debt in Amounts Less Than $500,000

On September 24, Governor Gavin Newsom signed into law California Senate Bill 1286 that will impact the collection of "covered commercial debt" and "covered commercial credit" in the state after July 1, 2025 (the law's...more

Farrell Fritz, P.C.

Understanding Good-Guy Guaranties: What Every Landlord and Tenant Should Know

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The good-guy guaranty is a commonly used form of security in the field of commercial leasing.  Despite appearing straightforward, the fundamentals of a good-guy guaranty are often misunderstood by landlords, tenants and...more

Bennett Jones LLP

Key Changes to Property Control Rules: What Landlords and Tenants Need to Know Before October 7, 2024

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The Competition Bureau’s public consultation process in connection with new rules related to property controls on certain exclusivity and restrictive use provisions ends on October 7, 2024, and landlords and tenants alike...more

Levenfeld Pearlstein, LLC

Speculative Suites Are On the Rise: 5 Lease Provisions Landlords Should Consider

In today’s office leasing market and with recent construction challenges, landlords are seeing a competitive market advantage in developing and offering speculative suites to attract tenants. In recent years, many companies...more

Holland & Knight LLP

The Davis-Bacon Act as Applied to GSA Leasing

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The intersection of the Davis-Bacon Act (DBA) and General Services Administration (GSA) leasing has undergone significant changes over the past year, raising important issues for lessors, legal practitioners and government...more

Mandelbaum Barrett PC

Real Estate Spotlight On: Financing Ground Leases

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What is a ground lease? A ground lease is a long-term agreement where a ground tenant leases land from a landowner and has the right to develop and use that land during the lease period. Typically, the ground tenant owns any...more

Dickinson Wright

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

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Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the...more

Rivkin Radler LLP

Landlord Considerations When Navigating Personal Guarantees in Bankruptcy

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When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee...more

Kohrman Jackson & Krantz LLP

Supreme Court Review of Trademark Infringement and Corporate Separateness under the Lanham Act

The US Supreme Court granted certiorari to review the 4th Circuit’s damages ruling in Dewberry Engineers v. Dewberry Group, which offers a unique examination of corporate separateness and the protection of trademarks under...more

Arnall Golden Gregory LLP

How Detailed Site Plans and Letters of Intent Can Streamline Your Lease Negotiations

As leases get more complicated and less standardized, and with properties rarely conforming from one to another, there are two documents that can hasten the successful negotiation process and achieve a document that can best...more

BCLP

Business Rates and the Bar - Occupation, Purpose and Trust in a Set of Chambers

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In the recent case of Prosser v Ricketts [2024] UKUT 264 (LC), the Upper Tribunal Lands Chamber (UT) had to decide whether barristers’ chambers rooms should be treated as a collective, single unit for business rates purposes,...more

DLA Piper

“Greening” Your Leases: The Cornerstone of Climate Resilience and Readiness in Commercial Real Estate

DLA Piper on

Many large companies have reported that they are not sufficiently prepared to meet emerging climate-risk reporting and verification requirements, or prepared to take advantage of climate-related opportunities, according to a...more

Lowndes

Navigating the Pitfalls of Exclusive Use Clauses

Lowndes on

In the July/August 2024 issue of the American Bar Association’s Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise prepared an excellent article titled “Protecting Against Competition: Exclusive...more

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

Burr & Forman

Important Update: Florida Sales Tax Reduction on Commercial Leases

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As of June 1, 2024, the State of Florida reduced the state sales tax rate on commercial real property lease payments from 4.5% to 2%. All commercial leases with an occupancy period that started on or after June 1, 2024 will...more

Katten Muchin Rosenman LLP

UK Financial Insights from Katten | Issue 13

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe....more

Perkins Coie

Full Speed Ahead—BOEM’s Offshore Wind Leasing Strategy Sailing Toward Full Implementation in 2024

Perkins Coie on

Notwithstanding supply chain challenges, canceled power purchase agreements, and general economic and political uncertainty, the Bureau of Ocean Energy Management (BOEM) has continued its push to implement its renewable...more

Paul Hastings LLP

Reform Attempt to Soften the Written Form Requirement for Commercial Lease Agreements

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Lease agreements with a term of more than one year are currently subject to a written form requirement under the German Civil Code. For years, there have been ongoing discussions about a potential abolition of the written...more

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau Stakes Out Aggressive Stance on Property Controls in Preliminary Enforcement Guidance

Following the Canadian Competition Bureau’s 2023 Retail Grocery Market Study in which it recommended that provincial and territorial governments take measures to limit property controls in the grocery industry, including...more

Holland & Knight LLP

Federal Real Estate in a Turbulent Market, Part II

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This is the second of a two-part series addressing special considerations for government lessors in the current commercial real estate market. Part I addressed the risks posed by government downsizing and early lease...more

Bowditch & Dewey

Top Considerations When Preparing to Sell a Company

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Have you received an offer to buy your company? Congratulations! But there is work ahead. The first step is to understand the specific deal structure, be it an asset sale, equity sale or merger. The owners should also work...more

Tonkon Torp LLP

Has the Commercial Real Estate Market Hit Bottom Yet?

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On July 17, 2024 I attended a webinar hosted by First American Title about the commercial real estate (CRE) market in transition. Here are some important takeaways. In the overall economy, inflation peaked in the summer of...more

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